HB 1425

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1425
     BY REPRESENTATIVE(S) Gilchrist and Brown, Sirota, Stewart K.,
     Stewart R., Taggart, Bacon, Boesenecker, Camacho, Carter, Clifford,
     Duran, English, Froelich, Garcia, Goldstein, Hamrick, Jackson, Lindsay,
     Lukens, McCormick, Nguyen, Paschal, Phillips, Ricks, Rutinel, Rydin,
     Smith, Story, Woodrow, Zokaie, McCluskie;
     also SENATOR(S) Daugherty and Bright, Amabile, Ball, Bridges, Cutter,
     Danielson, Exum, Gonzales J., Hinrichsen, Kipp, Marchman, Mullica,
     Wallace, Coleman.
     CONCERNING THE REGULATION OF APPLIED BEHAVIOR ANALYSIS SERVICES,
          AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. Legislative declaration. (1) The general assembly
     finds and declares that:
            (a) The practice of applied behavior analysis affects the health,
     safety, and welfare of the citizens of Colorado and should be subject to
     regulation to protect the public from:
             (I) The practice of applied behavior analysis by unqualified persons;
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
and
       (II) Unprofessional, unethical, or harmful conduct by behavior
analysis practitioners;
       (b) The practice of applied behavior analysis by any individual who
is not licensed or practicing as permitted by this act is inimical to the
general public welfare. It is not, however, the intent of this act to restrict the
practice of any individual duly licensed, certified, or registered under other
laws of this state from practicing within the individual's scope of
competency and authority under those laws.
        (c) The practice of behavior analysis in clinical settings where
children may regularly be in therapy for several hours in a private facility
warrants additional oversight for facility safety and any nontherapeutic
operations. Such oversight must, however, be subject to and coordinated
with professional licensing rules and requirements to ensure efficiency and
access to medically necessary care and compliance with other federal and
state laws.
       SECTION 2. In Colorado Revised Statutes, add article 247 to title
12 as follows:
                           ARTICLE 247
          Behavior Analysts and Assistant Behavior Analysts
       12-247-101. Short title.
     THE SHORT TITLE OF THIS ARTICLE 247 IS THE "APPLIED BEHAVIOR
ANALYSIS PRACTICE ACT".
       12-247-102. Applicability of common provisions.
      ARTICLES 1, 20, AND 30 OF THIS TITLE 12 APPLY, ACCORDING TO
THEIR TERMS, TO THIS ARTICLE 247.
       12-247-103. Definitions.
      AS USED IN THIS ARTICLE 247, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
PAGE 2-HOUSE BILL 26-1425
      (1) (a) "APPLIED BEHAVIOR ANALYSIS" MEANS THE DESIGN,
IMPLEMENTATION , AND EVALUATION OF INSTRUCTIONAL AND
ENVIRONMENTAL MODIFICATIONS TO PRODUCE SOCIALLY SIGNIFICANT
IMPROVEMENTS IN HUMAN BEHAVIOR.
      (b) "APPLIED BEHAVIOR ANALYSIS" MAY INCLUDE:
      (I) THE EMPIRICAL IDENTIFICATION OF FUNCTIONAL RELATIONS
BETWEEN BEHAVIORAL AND ENVIRONMENTAL FACTORS, KNOWN AS
"FUNCTIONAL ASSESSMENT AND ANALYSIS"; AND
      (II) APPLIED BEHAVIOR ANALYSIS INTERVENTIONS, WHICH ARE
BASED ON SCIENTIFIC RESEARCH AND DIRECT AND INDIRECT OBSERVATION
AND MEASUREMENT OF BEHAVIOR AND ENVIRONMENT. APPLIED BEHAVIOR
ANALYSIS INTERVENTIONS UTILIZE CONTEXTUAL FACTORS, MOTIVATING
OPERATIONS, ANTECEDENT STIMULI, POSITIVE REINFORCEMENT, AND OTHER
PROCEDURES TO HELP INDIVIDUALS DEVELOP NEW BEHAVIORS, INCREASE OR
DECREASE EXISTING BEHAVIORS, AND EMIT BEHAVIORS UNDER SPECIFIC
ENVIRONMENTAL CONDITIONS.
      (c) "APPLIED BEHAVIOR ANALYSIS" DOES NOT INCLUDE:
      (I) DIAGNOSIS;
      (II) PSYCHOLOGICAL TESTING;
      (III) PSYCHOTHERAPY;
      (IV) COGNITIVE THERAPY;
      (V) PSYCHOANALYSIS;
      (VI) MENTAL HEALTH COUNSELING;
      (VII) PRACTICE WITH NONHUMANS;
     (VIII) BUSINESS OR ORGANIZATIONAL CONSULTING, INCLUDING
ORGANIZATIONAL BEHAVIOR MANAGEMENT SERVICES; OR
      (IX) ANY PRACTICES REGULATED UNDER ARTICLE 245 OF THIS TITLE
PAGE 3-HOUSE BILL 26-1425
12.
      (2)  "BEHAVIOR TECHNICIAN", "APPLIED BEHAVIOR ANALYSIS
TECHNICIAN", "BOARD CERTIFIED AUTISM TECHNICIAN", OR "REGISTERED
BEHAVIOR TECHNICIAN" MEANS AN INDIVIDUAL WHO PRACTICES UNDER THE
SUPERVISION OF A LICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANT
BEHAVIOR ANALYST IN ACCORDANCE WITH THE REQUIREMENTS OF A
CERTIFYING ENTITY. A BEHAVIOR TECHNICIAN, APPLIED BEHAVIOR ANALYSIS
TECHNICIAN, BOARD CERTIFIED AUTISM TECHNICIAN, OR REGISTERED
BEHAVIOR TECHNICIAN DOES NOT DESIGN ASSESSMENT OR INTERVENTION
PLANS OR PROCEDURES BUT DELIVERS SERVICES AS ASSIGNED BY THE
SUPERVISOR RESPONSIBLE FOR THEIR WORK.
      (3) "BOARD" MEANS THE COLORADO BEHAVIOR ANALYST LICENSING
BOARD CREATED IN SECTION 12-247-104, WHICH IS AUTHORIZED TO
IMPLEMENT AND ENFORCE THIS ARTICLE 247 AND OVERSEE THE PRACTICE OF
APPLIED BEHAVIOR ANALYSIS.
      (4)   "CERTIFYING ENTITY" MEANS THE BEHAVIOR ANALYST
CERTIFICATION BOARD, THE QUALIFIED APPLIED BEHAVIOR ANALYSIS
CREDENTIALING BOARD, OR ANOTHER NATIONAL ENTITY IDENTIFIED BY THE
BOARD WHOSE PROGRAMS TO CREDENTIAL PRACTITIONERS OF APPLIED
BEHAVIOR ANALYSIS ARE ACCREDITED BY THE NATIONAL COMMISSION FOR
CERTIFYING AGENCIES OR THE AMERICAN NATIONAL STANDARDS
INSTITUTE.
      (5)   "LICENSED ASSISTANT BEHAVIOR ANALYST" MEANS AN
INDIVIDUAL WHO IS A CERTIFIED ASSISTANT BEHAVIOR ANALYST AND IS
LICENSED PURSUANT TO SECTION 12-247-108.
     (6) "LICENSED BEHAVIOR ANALYST" MEANS AN INDIVIDUAL WHO IS
A CERTIFIED BEHAVIOR ANALYST, CERTIFIED BEHAVIOR
ANALYST-DOCTORAL, OR QUALIFIED BEHAVIOR ANALYST, OR WHO HAS
ANOTHER CERTIFICATION AS DETERMINED BY THE BOARD, AND IS LICENSED
PURSUANT TO SECTION 12-247-107.
     12-247-104. Colorado behavior analyst licensing board - created
- members - terms - repeal.
      (1) (a) THERE IS CREATED THE COLORADO BEHAVIOR ANALYST
PAGE 4-HOUSE BILL 26-1425
LICENSING BOARD, WHICH IS A TYPE 1 ENTITY, AS DEFINED IN SECTION
24-1-105, AND WHICH EXERCISES ITS POWERS AND PERFORMS ITS DUTIES
AND FUNCTIONS UNDER THE DIVISION. THE BOARD CONSISTS OF FIVE
MEMBERS WHO ARE APPOINTED BY THE GOVERNOR AS FOLLOWS:
      (I) THREE MEMBERS WHO ARE LICENSED BEHAVIOR ANALYSTS;
      (II) ONE LICENSED ASSISTANT BEHAVIOR ANALYST; AND
      (III) ONE PUBLIC MEMBER.
      (b) (I) THE LICENSED BEHAVIOR ANALYST AND LICENSED ASSISTANT
BEHAVIOR ANALYST BOARD MEMBERS INITIALLY APPOINTED PURSUANT TO
SUBSECTION (1)(a) OF THIS SECTION MUST MEET THE QUALIFICATIONS FOR
LICENSURE UPON APPOINTMENT AND SHALL APPLY FOR LICENSURE AS SOON
THE FIRST APPLICATION PERIOD BEGINS, AND THEY SHALL BE GRANTED
APPLICABLE LICENSES UPON MEETING ALL QUALIFICATIONS OF SECTION
12-247-107 OR 12-247-108, AS APPLICABLE.
      (II) THE LICENSED BEHAVIOR ANALYST AND LICENSED ASSISTANT
BEHAVIOR ANALYST BOARD MEMBERS INITIALLY APPOINTED PURSUANT TO
SUBSECTION (1)(a) OF THIS SECTION SHALL MAINTAIN LICENSURE PURSUANT
TO SECTION 12-247-107 OR 12-247-108, AS APPLICABLE, WHILE SERVING ON
THE BOARD.
      (III) EXCEPT AS PROVIDED IN SUBSECTION (1)(b)(IV) OF THIS
SECTION, THE TERM OF APPOINTMENT FOR EACH MEMBER OF THE BOARD IS
THREE YEARS.
      (IV) (A) THE INITIAL TERM OF APPOINTMENT OF TWO OF THE
LICENSED BEHAVIORAL ANALYSTS APPOINTED PURSUANT TO SUBSECTION
(1)(a)(I) OF THIS SECTION IS TWO YEARS, WITH THE INITIAL TERM OF
APPOINTMENT FOR THE REMAINING MEMBERS OF THE BOARD BEING THREE
YEARS.
       (B) THIS SUBSECTION (1)(b)(IV) IS REPEALED, EFFECTIVE DECEMBER
1, 2030.
      (c) (I) THE GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS TO
THE BOARD PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION NO LATER
THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS
PAGE 5-HOUSE BILL 26-1425
SECTION.
        (II) THIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2029.
      (2) (a) (I) UPON THE EXPIRATION OF THE TERM OF EACH INITIAL
BOARD MEMBER DESIGNATED PURSUANT TO SUBSECTION (1)(a) OF THIS
SECTION, THE GOVERNOR SHALL APPOINT A BOARD MEMBER TO A
THREE-YEAR TERM AND THE BOARD MEMBER SHALL SERVE UNTIL A
SUCCESSOR IS APPOINTED AND QUALIFIED.
        (II)
           AN INDIVIDUAL SHALL NOT SERVE  MORE THAN TWO
CONSECUTIVE FULL TERMS ON THE BOARD.
      (b) IF A MEMBER OF THE BOARD CANNOT COMPLETE A TERM OF
OFFICE, THE VACANCY SHALL BE FILLED IN THE SAME MANNER AS THE
ORIGINAL APPOINTMENT FOR THE REMAINDER OF THE UNEXPIRED TERM.
        (3)    EACH
                 MEMBER OF THE BOARD SHALL RECEIVE THE
COMPENSATION PROVIDED FOR IN SECTION 12-20-103 (6).
        (4) A BOARD MEMBER SHALL NOT PARTICIPATE IN ANY MATTER
BEFORE THE BOARD IN WHICH THE MEMBER HAS A PECUNIARY INTEREST OR
SIMILAR CONFLICT OF INTEREST.
     (5) THE GOVERNOR MAY REMOVE A BOARD MEMBER FOR
MISCONDUCT, INCOMPETENCE, OR NEGLECT OF DUTY.
        (6) (a) THE DIRECTOR SHALL CALL THE FIRST MEETING OF THE BOARD
NO LATER THAN THREE MONTHS AFTER THE GOVERNOR MAKES ALL OF THE
INITIAL APPOINTMENTS TO THE BOARD.
     (b) THREE MEMBERS OF THE BOARD CONSTITUTE A QUORUM FOR THE
TRANSACTION OF ALL BUSINESS.
      (7) THE BOARD SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS TO
SERVE FOR A TERM NOT TO EXCEED ONE YEAR. A CHAIR SHALL NOT SERVE
MORE THAN THREE CONSECUTIVE TERMS.
        12-247-105. Powers and duties of the Colorado behavior analyst
PAGE 6-HOUSE BILL 26-1425
licensing board - rules.
      (1) IN ADDITION TO ALL OTHER POWERS AND DUTIES CONFERRED
UPON THE BOARD BY THIS ARTICLE 247, THE BOARD HAS THE FOLLOWING
POWERS AND DUTIES:
      (a) ADMINISTER, COORDINATE, AND ENFORCE THIS ARTICLE 247;
      (b) ADOPT, AMEND, OR REPEAL RULES TO ADMINISTER AND ENFORCE
THIS ARTICLE 247;
      (c) ESTABLISH AND DETERMINE THE QUALIFICATION AND FITNESS OF
APPLICANTS FOR LICENSURE UNDER THIS ARTICLE 247;
     (d) ISSUE, RENEW, DENY, SUSPEND, REVOKE, OR REFUSE TO ISSUE OR
RENEW ANY LICENSE IN ACCORDANCE WITH THIS ARTICLE 247; AND
      (e) CHARGE FEES PURSUANT TO SECTION 12-20-105.
      (2) THIS ARTICLE 247 APPLIES TO THE PRACTICE OF APPLIED
BEHAVIOR ANALYSIS IN ALL SETTINGS. NOTHING IN THIS ARTICLE 247
AUTHORIZES THE BOARD TO REGULATE APPLIED BEHAVIOR ANALYSIS CLINICS
LICENSED PURSUANT TO SECTIONS 26-6-905 AND 26-6-909.5.
      12-247-106. License required - title protection - behavior
technician providing applied behavior analysis services.
      (1) EXCEPT AS OTHERWISE PROVIDED IN SECTION 12-247-115, AN
INDIVIDUAL SHALL NOT ENGAGE IN OR OFFER TO PROVIDE THE PRACTICE OF
APPLIED BEHAVIOR ANALYSIS UNLESS THE INDIVIDUAL IS LICENSED UNDER
THIS ARTICLE 247.
      (2) (a) AN INDIVIDUAL SHALL NOT DESIGNATE THEMSELVES OR HOLD
THEMSELF OUT AS A LICENSED BEHAVIOR ANALYST UNLESS THE INDIVIDUAL
IS LICENSED AS A LICENSED BEHAVIOR ANALYST UNDER THIS ARTICLE 247.
      (b) AN INDIVIDUAL SHALL NOT DESIGNATE THEMSELVES OR HOLD
THEMSELF OUT AS A LICENSED ASSISTANT BEHAVIOR ANALYST UNLESS THE
INDIVIDUAL IS LICENSED AS A LICENSED ASSISTANT BEHAVIOR ANALYST
UNDER THIS ARTICLE 247.
PAGE 7-HOUSE BILL 26-1425
       (3) (a) A BEHAVIOR TECHNICIAN PROVIDING APPLIED BEHAVIOR
ANALYSIS SERVICES UNDER THE SUPERVISION OF A LICENSED BEHAVIOR
ANALYST OR A LICENSED ASSISTANT BEHAVIOR ANALYST PURSUANT TO
SECTION 12-247-115 (1)(b) SHALL NOT REPRESENT THEMSELVES AS A
LICENSED BEHAVIOR ANALYST AND SHALL USE A TITLE THAT INDICATES
THEIR NONPROFESSIONAL STATUS, SUCH AS "ABA TECHNICIAN", "BEHAVIOR
TECHNICIAN", OR "TUTOR".
      (b) A BEHAVIOR TECHNICIAN MAY USE THE TITLE OF A CURRENT,
VALID CREDENTIAL THEY POSSESS THAT HAS BEEN ISSUED BY A CERTIFYING
ENTITY, SUCH AS "REGISTERED BEHAVIOR TECHNICIAN", IF THEY ARE
PERFORMING FUNCTIONS IN ACCORDANCE WITH THE CREDENTIAL.
      12-247-107. Licensure of behavior analysts - qualifications -
application.
      (1) AN APPLICANT FOR A LICENSE AS A LICENSED BEHAVIOR ANALYST
SHALL SUBMIT A COMPLETED APPLICATION AS REQUIRED BY THE BOARD AND
SHALL:
      (a) HAVE A CURRENT, VALID CERTIFICATION IN GOOD STANDING
WITH A CERTIFYING ENTITY AS A CERTIFIED BEHAVIOR ANALYST, CERTIFIED
BEHAVIOR ANALYST-DOCTORAL, OR QUALIFIED BEHAVIOR ANALYST OR HAVE
ANOTHER CERTIFICATION AS DETERMINED BY THE BOARD; AND
     (b) COMPLETE A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
CHECK IN ACCORDANCE WITH SECTION 12-247-109.
      (2) AFTER AN APPLICANT HAS FULFILLED THE REQUIREMENTS OF
SUBSECTION (1) OF THIS SECTION, THE BOARD SHALL ISSUE A LICENSE TO THE
APPLICANT; EXCEPT THAT THE BOARD MAY DENY A LICENSE IF THE
APPLICANT HAS COMMITTED AN ACT THAT WOULD BE GROUNDS FOR
DISCIPLINARY ACTION UNDER SECTION 12-247-117.
       12-247-108.     Licensure of assistant behavior analysts -
qualifications - application.
      (1) AN APPLICANT FOR A LICENSE AS A LICENSED ASSISTANT
BEHAVIOR ANALYST SHALL SUBMIT A COMPLETED APPLICATION AS REQUIRED
BY THE BOARD AND SHALL:
PAGE 8-HOUSE BILL 26-1425
      (a) HAVE A CURRENT, VALID CERTIFICATION IN GOOD STANDING
WITH A CERTIFYING ENTITY AS A CERTIFIED ASSISTANT BEHAVIOR ANALYST
OR QUALIFIED AUTISM SERVICE PRACTITIONER-SUPERVISOR OR HAVE
ANOTHER CERTIFICATION AS DETERMINED BY THE BOARD; AND
     (b) COMPLETE A FINGERPRINT-BASED CRIMINAL HISTORY RECORD
CHECK IN ACCORDANCE WITH SECTION 12-247-109.
      (2) AFTER AN APPLICANT HAS FULFILLED THE REQUIREMENTS OF
SUBSECTION (1) OF THIS SECTION, THE BOARD SHALL ISSUE A LICENSE TO THE
APPLICANT; EXCEPT THAT THE BOARD MAY DENY A LICENSE IF THE
APPLICANT HAS COMMITTED AN ACT THAT WOULD BE GROUNDS FOR
DISCIPLINARY ACTION UNDER SECTION 12-247-117.
      12-247-109. Fingerprint-based criminal history record check.
      (1) AN APPLICANT FOR A LICENSE PURSUANT TO THIS ARTICLE 247
SHALL SUBMIT TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK.
THE APPLICANT MUST PAY THE COSTS ASSOCIATED WITH THE
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK.
      (2) AN APPLICANT SHALL HAVE THE APPLICANT'S FINGERPRINTS
TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR ANY THIRD PARTY
APPROVED BY THE COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE
OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK.
THE APPLICANT SHALL AUTHORIZE THE ENTITY TAKING THE APPLICANT'S
FINGERPRINTS TO SUBMIT, AND THE ENTITY SHALL SUBMIT, THE COMPLETE
SET OF THE APPLICANT'S FINGERPRINTS TO THE COLORADO BUREAU OF
INVESTIGATION FOR THE PURPOSE OF CONDUCTING A FINGERPRINT-BASED
CRIMINAL HISTORY RECORD CHECK.
      (3)   IF AN APPROVED THIRD PARTY TAKES THE PERSON'S
FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED
USING COLORADO BUREAU OF INVESTIGATION-APPROVED LIVESCAN
EQUIPMENT. AN APPROVED THIRD PARTY SHALL NOT KEEP THE APPLICANT'S
INFORMATION FOR MORE THAN THIRTY DAYS AFTER THE APPLICANT'S
FINGERPRINTS ARE TAKEN BY THE APPROVED THIRD PARTY.
      (4) THE COLORADO BUREAU OF INVESTIGATION SHALL USE THE
APPLICANT'S FINGERPRINTS TO CONDUCT A CRIMINAL HISTORY RECORD
PAGE 9-HOUSE BILL 26-1425
CHECK USING THE BUREAU'S RECORDS. THE COLORADO BUREAU OF
INVESTIGATION SHALL ALSO FORWARD THE FINGERPRINTS TO THE FEDERAL
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A
FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK. THE COLORADO
BUREAU OF INVESTIGATION, APPLICANT, DEPARTMENT, AND ENTITY TAKING
FINGERPRINTS SHALL COMPLY WITH THE FEDERAL BUREAU OF
INVESTIGATION'S REQUIREMENTS TO CONDUCT A CRIMINAL HISTORY RECORD
CHECK.
      (5) THE COLORADO BUREAU OF INVESTIGATION SHALL RETURN THE
RESULTS OF ITS CRIMINAL HISTORY RECORD CHECK TO THE DEPARTMENT.
THE DEPARTMENT SHALL USE THE INFORMATION RESULTING FROM THE
CRIMINAL HISTORY RECORD CHECKS TO INVESTIGATE AND DETERMINE
WHETHER AN APPLICANT IS QUALIFIED TO HOLD A LICENSE PURSUANT TO
THIS ARTICLE 247.
      (6) IF THE FEDERAL BUREAU OF INVESTIGATION IS UNABLE TO
COMPLETE A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK OF AN
APPLICANT, THE COLORADO BUREAU OF INVESTIGATION SHALL INFORM THE
DEPARTMENT, AND THE DEPARTMENT MAY CONDUCT A CRIMINAL HISTORY
RECORD CHECK OF THE APPLICANT USING THE COLORADO BUREAU OF
INVESTIGATION'S RECORDS AS A SUBSTITUTE FOR THE FINGERPRINT-BASED
CRIMINAL HISTORY RECORD CHECK REQUIRED IN THIS ARTICLE 247.
      (7) WHEN THE RESULTS OF A CRIMINAL HISTORY RECORD CHECK OF
AN APPLICANT PERFORMED PURSUANT TO THIS ARTICLE 247 REVEAL A
RECORD OF ARREST WITHOUT A DISPOSITION, THE DEPARTMENT SHALL
REQUIRE THE APPLICANT TO SUBMIT TO A NAME-BASED JUDICIAL RECORD
CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d).
      12-247-110. Issuance, expiration, and renewal of licenses - rules.
      (1) LICENSES ISSUED PURSUANT TO THIS ARTICLE 247 ARE VALID FOR
A PERIOD AS DETERMINED PURSUANT TO SECTION 12-20-202.
     (2) (a) PRIOR TO THE EXPIRATION OF A LICENSE, THE BOARD MAY
RENEW A LICENSE ISSUED PURSUANT TO THIS ARTICLE 247 IF:
      (I) THE LICENSEE SUBMITS A COMPLETED APPLICATION FOR RENEWAL
TO THE BOARD AS REQUIRED BY THE BOARD BY RULE; AND
PAGE 10-HOUSE BILL 26-1425
      (II) THE BOARD VERIFIES THE LICENSEE'S CERTIFICATION BY A
CERTIFYING ENTITY.
      (b) A LICENSE ISSUED PURSUANT TO THIS ARTICLE 247 IS SUBJECT TO
A GRACE PERIOD AFTER THE EXPIRATION OF THE LICENSE PURSUANT TO
SECTION 12-20-202 (1)(e).
      12-247-111. Licensure by endorsement.
      THE BOARD SHALL ISSUE A LICENSE BY ENDORSEMENT TO AN
APPLICANT WHO SATISFIES THE REQUIREMENTS OF THE OCCUPATIONAL
CREDENTIAL PORTABILITY PROGRAM DESCRIBED IN SECTION 12-20-202 (3).
       12-247-112. Supervision of licensed assistant behavior analysts
- rules.
      (1) A LICENSED ASSISTANT BEHAVIOR ANALYST SHALL PRACTICE
ONLY UNDER THE SUPERVISION OF A LICENSED BEHAVIOR ANALYST.
      (2) A LICENSED BEHAVIOR ANALYST SHALL SUPERVISE A LICENSED
ASSISTANT BEHAVIOR ANALYST IN ACCORDANCE WITH THE RULES OF THE
BOARD.
      (3) A LICENSED ASSISTANT BEHAVIOR ANALYST SHALL PRACTICE
WITHIN THE SCOPE OF PRACTICE ESTABLISHED BY THE RULES OF THE BOARD.
      12-247-113. Scope of practice - licensed behavioral analysts.
      (1) (a) THE PRACTICE OF BEHAVIORAL ANALYSIS INCLUDES THE
DESIGN, IMPLEMENTATION, AND EVALUATION OF ENVIRONMENTAL
MODIFICATIONS USING BEHAVIORAL STIMULI AND CONSEQUENCES TO
PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN HUMAN BEHAVIOR,
INCLUDING THE USE OF DIRECT OBSERVATION, MEASUREMENT, AND
FUNCTIONAL ANALYSIS OF THE RELATIONSHIP BETWEEN ENVIRONMENT AND
BEHAVIOR, FOR THE PURPOSE OF PROVIDING TREATMENT.
      (b) THE PRACTICE OF BEHAVIORAL ANALYSIS MAY INCLUDE OTHER
PRACTICES AS DEFINED BY THE BOARD.
      (2)   A LICENSED BEHAVIORAL ANALYST SHALL SUPERVISE AN
PAGE 11-HOUSE BILL 26-1425
APPROPRIATE NUMBER OF ASSISTANT BEHAVIORAL ANALYSTS OR
BEHAVIORAL TECHNICIANS AT A TIME AS DETERMINED BY THE BOARD.
      (3) (a)   A LICENSED BEHAVIOR ANALYST SHALL DEVELOP AN
INDIVIDUALIZED TREATMENT PLAN FOR APPLIED BEHAVIOR ANALYSIS THAT
WILL GUIDE RECOMMENDATIONS FOR TREATMENT GOALS, TREATMENT
INTENSITY, AND SERVICE DELIVERY.
      (b) AN INDIVIDUALIZED TREATMENT PLAN DESCRIBED IN SUBSECTION
(3)(a) OF THIS SECTION MUST IDENTIFY AND DEVELOP OBJECTIVE AND
MEASURABLE TREATMENT GOALS TO ADDRESS PROBLEM AREAS THAT WERE
IDENTIFIED THROUGH THE USE OF STANDARDIZED ASSESSMENTS,
CRITERIA-REFERENCED ASSESSMENTS, OR OTHER ASSESSMENTS FOR INITIAL
AND ONGOING ASSESSMENT AND PROGRESS MONITORING. THE TREATMENT
GOALS SHALL BE DEFINED APPROPRIATE TO PROPOSED TREATMENT
INTENSITY AND SERVICE DELIVERY.
      12-247-114. Scope of practice - licensed assistant behavioral
analysts - rules.
      A LICENSED ASSISTANT BEHAVIORAL ANALYST MAY PERFORM ANY
FUNCTION A LICENSED BEHAVIORAL ANALYST IS AUTHORIZED TO PERFORM
IF THE FUNCTION IS PERFORMED UNDER THE SUPERVISION OF A LICENSED
BEHAVIORAL ANALYST, WHICH SUPERVISION THE BOARD SHALL DEFINE BY
RULE.
      12-247-115. Scope of article - exclusions.
      (1)  THIS ARTICLE 247 DOES NOT PROHIBIT OR RESTRICT THE
PRACTICE OF THE FOLLOWING:
       (a) A HEALTH-CARE PROFESSIONAL LICENSED, CERTIFIED, OR
REGISTERED UNDER THIS TITLE 12 AND PRACTICING IN THIS STATE AND ANY
INDIVIDUAL PRACTICING UNDER THEIR SUPERVISION IN ACCORDANCE WITH
THIS TITLE 12, IF:
      (I) APPLIED BEHAVIOR ANALYSIS IS WITHIN THE SCOPE OF PRACTICE
APPLICABLE TO THE INDIVIDUAL UNDER THIS TITLE 12;
      (II) THE APPLIED BEHAVIOR ANALYSIS SERVICES PROVIDED ARE
PAGE 12-HOUSE BILL 26-1425
WITHIN THE SCOPE OF THE LICENSED HEALTH-CARE PROFESSIONAL'S
EDUCATION, TRAINING, AND COMPETENCE; AND
      (III)    THE LICENSED, CERTIFIED, OR REGISTERED HEALTH-CARE
PROFESSIONAL OR SUPERVISEE DOES NOT REPRESENT THEMSELVES USING
TITLES PROTECTED UNDER SECTION 12-247-106;
      (b) A BEHAVIOR TECHNICIAN FROM PROVIDING APPLIED BEHAVIOR
ANALYSIS SERVICES UNDER THE SUPERVISION OF A LICENSED BEHAVIOR
ANALYST OR A LICENSED ASSISTANT BEHAVIOR ANALYST;
      (c) A CAREGIVER OF A RECIPIENT OF APPLIED BEHAVIOR ANALYSIS
SERVICES WHO PROVIDES APPLIED BEHAVIOR ANALYSIS SERVICES UNDER THE
AUTHORITY AND DIRECTION OF A LICENSED BEHAVIOR ANALYST OR A
LICENSED ASSISTANT BEHAVIOR ANALYST. THE CAREGIVER SHALL NOT
REPRESENT THEMSELVES AS A LICENSED BEHAVIOR ANALYST OR LICENSED
ASSISTANT BEHAVIOR ANALYST.
      (d)     A MATRICULATED COLLEGE OR UNIVERSITY STUDENT OR
POSTDOCTORAL FELLOW WHOSE APPLIED BEHAVIOR ANALYSIS ACTIVITIES
ARE PART OF A DEFINED PROGRAM OF STUDY, COURSE, PRACTICUM,
INTERNSHIP, OR FELLOWSHIP AND ARE DIRECTLY SUPERVISED BY A LICENSED
BEHAVIOR ANALYST OR A QUALIFIED FACULTY MEMBER LOCATED IN THIS
STATE. THE STUDENT OR FELLOW SHALL NOT REPRESENT THEMSELVES AS A
LICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR ANALYST
AND SHALL USE A TITLE THAT CLEARLY INDICATES THEIR TRAINEE STATUS,
SUCH AS "STUDENT", "INTERN", OR "TRAINEE".
      (e)     UNLICENSED INDIVIDUALS FROM PURSUING EXPERIENCE IN
APPLIED BEHAVIOR ANALYSIS CONSISTENT WITH THE EXPERIENCE
REQUIREMENTS OF THE BOARD, PROVIDED THE EXPERIENCE IS SUPERVISED
IN ACCORDANCE WITH THE REQUIREMENTS OF THE BOARD; AND
      (f) AN INDIVIDUAL EMPLOYED BY A SCHOOL, AS DEFINED IN SECTION
22-1-132 (2)(c), PERFORMING THE DUTIES OF THEIR POSITION. SUCH AN
INDIVIDUAL SHALL NOT:
      (I) REPRESENT THEMSELVES AS A LICENSED BEHAVIOR ANALYST OR
LICENSED ASSISTANT BEHAVIOR ANALYST UNLESS THEY ARE LICENSED
UNDER THIS ARTICLE 247;
PAGE 13-HOUSE BILL 26-1425
      (II) OFFER APPLIED BEHAVIOR ANALYSIS SERVICES TO A PERSON
OTHER THAN THE STUDENTS OF THEIR SCHOOL EMPLOYER; OR
      (III) ACCEPT REMUNERATION FOR PROVIDING APPLIED BEHAVIOR
ANALYSIS SERVICES OTHER THAN THE REMUNERATION THEY RECEIVE FROM
THEIR SCHOOL EMPLOYER.
      12-247-116. Continuing professional competency - rules.
      (1) INDIVIDUALS LICENSED PURSUANT TO THIS ARTICLE 247 SHALL
MAINTAIN THEIR PROFESSIONAL CREDENTIAL ISSUED BY A CERTIFYING
ENTITY AS DESCRIBED IN SECTION 12-247-107 (1)(a) OR 12-247-108 (1)(a),
AS APPLICABLE, AND SHALL PRACTICE IN ACCORDANCE WITH THE
REQUIREMENTS OF THE CREDENTIAL AND IN ACCORDANCE WITH RULES
ADOPTED BY THE BOARD.
      (2) INDIVIDUALS LICENSED PURSUANT TO THIS ARTICLE 247SHALL
IMMEDIATELY NOTIFY THE BOARD IF THEIR APPLICABLE PROFESSIONAL
CREDENTIAL ISSUED BY A CERTIFYING ENTITY IS SUSPENDED OR REVOKED.
      (3) (a) UNLESS OTHERWISE PUBLICLY AVAILABLE, RECORDS OF
ASSESSMENTS OR OTHER DOCUMENTATION DEVELOPED OR SUBMITTED IN
CONNECTION WITH PEER REVIEW ACTIVITIES ARE CONFIDENTIAL AND EXEMPT
FROM PUBLIC INSPECTION UNDER SECTION 24-72-204 (3)(a)(IV) OR
DISCOVERY IN CONNECTION WITH A CIVIL ACTION AGAINST A LICENSED
BEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR ANALYST. THE
BOARD SHALL ONLY USE THE RECORDS OR DOCUMENTS FOR PURPOSES OF
DETERMINING WHETHER A LICENSED BEHAVIOR ANALYST OR LICENSED
ASSISTANT BEHAVIOR ANALYST IS MAINTAINING CONTINUING PROFESSIONAL
COMPETENCY TO ENGAGE IN THE PROFESSION.
      (b) SUBJECT TO THE REQUIREMENTS OF SUBSECTION (3)(a) OF THIS
SECTION, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT THE
DISCOVERY OF INFORMATION OR DOCUMENTS THAT ARE OTHERWISE
DISCOVERABLE UNDER THE COLORADO RULES OF CIVIL PROCEDURE IN
CONNECTION WITH A CIVIL ACTION AGAINST A LICENSED BEHAVIOR ANALYST
OR LICENSED ASSISTANT BEHAVIOR ANALYST.
      12-247-117. Disciplinary action - grounds for discipline.
PAGE 14-HOUSE BILL 26-1425
      (1) PURSUANT TO PART 4 OF ARTICLE 20 OF THIS TITLE 12, THE
BOARD MAY DENY OR REFUSE TO RENEW A LICENSE, SUSPEND OR REVOKE A
LICENSE, IMPOSE PROBATIONARY CONDITIONS ON A LICENSE, ISSUE A
CEASE-AND-DESIST LETTER, OR SEEK INJUNCTIVE RELIEF AGAINST A
LICENSEE OR AN APPLICANT FOR LICENSURE WHO HAS ENGAGED IN ONE OR
MORE OF THE FOLLOWING GROUNDS FOR DISCIPLINE OR UNPROFESSIONAL
CONDUCT:
      (a)   ENGAGING IN CONDUCT INVOLVING FRAUD, DECEIT,
MISREPRESENTATION, OR CONCEALMENT OF MATERIAL FACTS IN OBTAINING
OR ATTEMPTING TO OBTAIN A LICENSE OR THE RENEWAL OF A LICENSE;
       (b) (I) FAILING TO NOTIFY THE BOARD, AS REQUIRED BY SECTION
12-30-108 (1), OF A PHYSICAL ILLNESS, PHYSICAL CONDITION, OR
BEHAVIORAL, MENTAL HEALTH, OR SUBSTANCE USE DISORDER THAT IMPACTS
THE LICENSEE'S ABILITY TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES
WITH REASONABLE SKILL AND SAFETY OR THAT MAY ENDANGER THE HEALTH
OR SAFETY OF INDIVIDUALS RECEIVING SERVICES;
      (II) FAILING TO ACT WITHIN THE LIMITATIONS CREATED BY A
PHYSICAL ILLNESS, PHYSICAL CONDITION, OR BEHAVIORAL, MENTAL HEALTH,
OR SUBSTANCE USE DISORDER THAT RENDERS THE PERSON UNABLE TO
PRACTICE APPLIED BEHAVIOR ANALYSIS WITH REASONABLE SKILL AND
SAFETY OR THAT MAY ENDANGER THE HEALTH OR SAFETY OF INDIVIDUALS
UNDER THE LICENSEE'S CARE;
      (III) FAILING TO COMPLY WITH THE LIMITATIONS AGREED TO UNDER
A CONFIDENTIAL AGREEMENT ENTERED INTO PURSUANT TO SECTIONS
12-30-108 AND 12-247-121; OR
     (IV) REFUSING TO SUBMIT TO A PHYSICAL OR MENTAL EXAMINATION
WHEN ORDERED BY THE BOARD PURSUANT TO SECTION 12-247-120;
      (c) (I) VIOLATING THE REQUIREMENTS OF SECTION 12-247-116 OR
FAILING TO NOTIFY THE BOARD OF THE SUSPENSION OR REVOCATION OF THE
INDIVIDUAL'S PAST OR CURRENTLY HELD LICENSE, CERTIFICATE, OR
REGISTRATION REQUIRED TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS
STATE OR ANY OTHER JURISDICTION; OR
      (II) HAVING A LICENSE, CERTIFICATE, OR REGISTRATION SUSPENDED
PAGE 15-HOUSE BILL 26-1425
OR REVOKED FOR AN ACTION THAT VIOLATES THIS ARTICLE 247;
      (d)   BEING CONVICTED OF OR PLEADING GUILTY OR NOLO
CONTENDERE TO A FELONY OR COMMITTING AN ACT SPECIFIED IN SECTION
12-247-106. IN CONSIDERING THE DISCIPLINARY ACTION, THE BOARD IS
GOVERNED BY SECTIONS 12-20-202 (5) AND 24-5-101.
      (e) ADMINISTERING TREATMENT WITHOUT CLINICAL JUSTIFICATION
THAT IS DEMONSTRABLY UNNECESSARY;
      (f) COMMITTING AN ACT OR OMISSION THAT IS CONTRARY TO
GENERALLY ACCEPTED STANDARDS OF THE PRACTICE OF APPLIED BEHAVIOR
ANALYSIS;
      (g) ENGAGING IN IMMORAL, DISHONORABLE, UNPROFESSIONAL, OR
UNETHICAL CONDUCT AS DESCRIBED IN THIS ARTICLE 247 OR IN BOARD
RULES;
      (h) FAILING TO PROVIDE SUPERVISION OF A LICENSED ASSISTANT
BEHAVIOR ANALYST, A BEHAVIOR TECHNICIAN, OR ANY UNLICENSED
INDIVIDUAL IN THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS; OR
      (i) OTHERWISE VIOLATING THIS ARTICLE 247 OR ANY LAWFUL ORDER
OR RULE OF THE BOARD.
      (2) (a) THE BOARD MAY COMMENCE A PROCEEDING TO DISCIPLINE A
LICENSEE UPON RECEIPT OF A COMPLAINT AGAINST A LICENSEE OR BY A
MOTION OF THE BOARD IF THE BOARD HAS REASONABLE GROUNDS TO
BELIEVE THAT THE LICENSEE HAS COMMITTED AN ACT OR OMISSION
DESCRIBED IN THIS SECTION OR HAS VIOLATED A LAWFUL ORDER OR RULE OF
THE BOARD.
      (b) IN ANY PROCEEDING COMMENCED UNDER THIS SECTION, THE
BOARD MAY ACCEPT AS EVIDENCE OF GROUNDS FOR DISCIPLINARY ACTION
A DISCIPLINARY ACTION TAKEN AGAINST A LICENSEE, CERTIFICANT, OR
REGISTRANT IN ANOTHER JURISDICTION IF THE VIOLATION THAT PROMPTED
THE DISCIPLINARY ACTION IN THE OTHER JURISDICTION WOULD BE GROUNDS
FOR DISCIPLINARY ACTION UNDER THIS ARTICLE 247 OR A RULE ADOPTED BY
THE BOARD.
PAGE 16-HOUSE BILL 26-1425
      (3) THE BOARD SHALL CONDUCT DISCIPLINARY PROCEEDINGS IN
ACCORDANCE WITH SECTION 12-20-403 AND ARTICLE 4 OF TITLE 24. THE
BOARD MAY EXERCISE ALL POWERS AND DUTIES CONFERRED BY THIS
ARTICLE 247 DURING THE DISCIPLINARY PROCEEDINGS.
      (4) INVESTIGATIONS, EXAMINATIONS, HEARINGS, MEETINGS, OR ANY
OTHER PROCEEDINGS OF THE BOARD CONDUCTED PURSUANT TO THIS
SECTION ARE EXEMPT FROM ANY LAW REQUIRING THAT PROCEEDINGS OF THE
BOARD BE CONDUCTED PUBLICLY OR THAT THE MINUTES OR RECORDS OF THE
BOARD WITH RESPECT TO ACTION OF THE BOARD TAKEN PURSUANT TO THIS
SECTION BE OPEN TO PUBLIC INSPECTION. THIS SUBSECTION (4) DOES NOT
APPLY TO INVESTIGATIONS, EXAMINATIONS, HEARINGS, MEETINGS, OR ANY
OTHER PROCEEDINGS OR RECORDS OF THE BOARD RELATED TO THE
UNLICENSED PRACTICE OF APPLIED BEHAVIOR ANALYSIS.
      (5) THE BOARD MAY SEEK AN INJUNCTION IN ACCORDANCE WITH
SECTION 12-20-406 TO ENJOIN A PERSON FROM COMMITTING AN ACT
PROHIBITED BY THIS ARTICLE 247.
     (6) A FINAL ACTION OF THE BOARD IS SUBJECT TO JUDICIAL REVIEW
PURSUANT TO SECTION 12-20-408.
      (7) THE BOARD MAY ISSUE A CEASE-AND-DESIST ORDER UNDER THE
CIRCUMSTANCES AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN
SECTION 12-20-405.
      (8) THE BOARD MAY SEND A LETTER OF ADMONITION TO A LICENSEE
UNDER THE CIRCUMSTANCES SPECIFIED IN AND IN ACCORDANCE WITH
SECTION 12-20-404 (4).
      (9) THE BOARD MAY SEND A CONFIDENTIAL LETTER OF CONCERN TO
A LICENSEE UNDER THE CIRCUMSTANCES SPECIFIED IN SECTION 12-20-404
(5).
      (10) IN ADDITION TO DISCIPLINARY ACTIONS AUTHORIZED BY
SECTION 12-20-404, THE BOARD MAY IMPOSE PROBATIONARY STATUS ON A
LICENSEE. IF THE BOARD PLACES A LICENSEE ON PROBATION, THE BOARD
MAY INCLUDE CONDITIONS FOR CONTINUED PRACTICE THAT THE BOARD
DEEMS APPROPRIATE TO ASSURE THAT THE LICENSEE IS PHYSICALLY,
MENTALLY, AND OTHERWISE QUALIFIED TO PRACTICE IN ACCORDANCE WITH
PAGE 17-HOUSE BILL 26-1425
GENERALLY ACCEPTED PROFESSIONAL STANDARDS OF PRACTICE, INCLUDING
ANY OF THE FOLLOWING:
      (a) ORDER A LICENSEE TO SUBMIT TO AN EXAMINATION TO
DETERMINE THE LICENSEE'S PHYSICAL OR MENTAL CONDITION OR
PROFESSIONAL QUALIFICATIONS;
      (b)   PARTICIPATION IN THERAPY OR COURSES OF TRAINING OR
EDUCATION THE BOARD DETERMINES NECESSARY TO CORRECT DEFICIENCIES
FOUND EITHER IN A HEARING OR BY AN EXAMINATION;
      (c) REVIEW OR SUPERVISION OF THE LICENSEE'S PRACTICE AS MAY BE
NECESSARY TO DETERMINE THE QUALITY OF, AND CORRECT ANY
DEFICIENCIES IN, THAT PRACTICE; AND
      (d) THE IMPOSITION OF RESTRICTIONS UPON THE NATURE OF THE
LICENSEE'S PRACTICE TO ASSURE THAT THE LICENSEE DOES NOT PRACTICE
BEYOND THE LIMITS OF THE LICENSEE'S CAPABILITIES.
      (11) ANY LICENSEE AGAINST WHOM A MALPRACTICE CLAIM IS
SETTLED OR A JUDGMENT IS RENDERED IN A COURT OF COMPETENT
JURISDICTION SHALL NOTIFY THE BOARD OF THE SETTLEMENT OR JUDGMENT
WITHIN SIXTY DAYS AFTER THE DISPOSITION.
      (12) ANY LICENSEE WHO HAS DIRECT KNOWLEDGE THAT A LICENSEE
HAS VIOLATED THIS ARTICLE 247 HAS A DUTY TO REPORT THE VIOLATION TO
THE BOARD UNLESS REPORTING THE VIOLATION WOULD VIOLATE THE
PROHIBITION AGAINST DISCLOSURE OF CONFIDENTIAL INFORMATION
WITHOUT CLIENT CONSENT.
      12-247-118. Unauthorized practice - penalties.
      AN INDIVIDUAL WHO PRACTICES OR OFFERS OR ATTEMPTS TO
PRACTICE APPLIED BEHAVIOR ANALYSIS WITHOUT AN ACTIVE LICENSE AS
REQUIRED BY AND ISSUED UNDER THIS ARTICLE 247 IS SUBJECT TO
PENALTIES PURSUANT TO SECTION 12-20-407 (1)(b).
      12-247-119. Rules.
      THE BOARD MAY ADOPT RULES TO IMPLEMENT THIS ARTICLE 247
PAGE 18-HOUSE BILL 26-1425
PURSUANT TO SECTION 12-20-204.
      12-247-120. Mental and physical examination of licensees.
      (1) IF THE BOARD HAS REASONABLE CAUSE TO BELIEVE THAT A
LICENSEE IS UNABLE TO PRACTICE WITH REASONABLE SKILL AND SAFETY,
THE BOARD MAY ORDER THE LICENSEE TO TAKE A MENTAL OR PHYSICAL
EXAMINATION ADMINISTERED BY A PHYSICIAN OR OTHER LICENSED
HEALTH-CARE PROFESSIONAL DESIGNATED BY THE BOARD. EXCEPT WHERE
DUE TO CIRCUMSTANCES BEYOND THE LICENSEE'S CONTROL, IF THE LICENSEE
FAILS OR REFUSES TO UNDERGO A MENTAL OR PHYSICAL EXAMINATION, THE
BOARD SHALL PROCEED WITH AN ORDER FOR EXAMINATION AND SHALL
MAKE A DETERMINATION IN A TIMELY MANNER.
       (2) IN AN ORDER REQUIRING A LICENSEE TO UNDERGO A MENTAL OR
PHYSICAL EXAMINATION, THE BOARD SHALL STATE THE BASIS OF THE
BOARD'S REASONABLE CAUSE TO BELIEVE THAT THE LICENSEE IS UNABLE TO
PRACTICE WITH REASONABLE SKILL AND SAFETY. FOR THE PURPOSE OF A
DISCIPLINARY PROCEEDING AUTHORIZED UNDER THIS ARTICLE 247, THE
LICENSEE IS DEEMED TO HAVE WAIVED ALL OBJECTIONS TO THE
ADMISSIBILITY OF THE EXAMINING PHYSICIAN'S OR LICENSED HEALTH-CARE
PROFESSIONAL'S TESTIMONY OR EXAMINATION REPORTS ON THE GROUNDS
THAT THEY ARE PRIVILEGED COMMUNICATION.
      (3) THE LICENSEE MAY SUBMIT TO THE BOARD TESTIMONY OR
EXAMINATION REPORTS FROM A PHYSICIAN OR OTHER LICENSED
HEALTH-CARE PROFESSIONAL CHOSEN BY THE LICENSEE AND PERTAINING TO
ANY CONDITION THAT THE BOARD HAS ALLEGED MAY PRECLUDE THE
LICENSEE FROM PRACTICING WITH REASONABLE SKILL AND SAFETY. THE
BOARD MAY CONSIDER THE TESTIMONY AND REPORTS SUBMITTED BY THE
LICENSEE IN CONJUNCTION WITH, BUT NOT IN LIEU OF, TESTIMONY AND
EXAMINATION REPORTS OF THE PHYSICIAN OR OTHER LICENSED
HEALTH-CARE PROFESSIONAL DESIGNATED BY THE BOARD.
      (4) THE RESULTS OF A MENTAL OR PHYSICAL EXAMINATION ORDERED
BY THE BOARD SHALL NOT BE USED AS EVIDENCE IN ANY PROCEEDING OTHER
THAN ONE BEFORE THE BOARD AND SHALL NOT BE DEEMED A PUBLIC RECORD
OR MADE AVAILABLE TO THE PUBLIC.
      12-247-121. Confidential agreement to limit practice.
PAGE 19-HOUSE BILL 26-1425
       SECTION 12-30-108 CONCERNING CONFIDENTIAL AGREEMENTS TO
LIMIT PRACTICE APPLIES TO THIS ARTICLE 247.
       12-247-122. Professional liability insurance required - rules.
       (1) AN INDIVIDUAL LICENSED UNDER THIS ARTICLE 247 SHALL NOT
PRACTICE APPLIED BEHAVIOR ANALYSIS UNLESS THE INDIVIDUAL IS COVERED
BY PROFESSIONAL LIABILITY INSURANCE IN AN AMOUNT DETERMINED BY THE
BOARD BY RULE THAT COVERS ALL ACTS WITHIN THE SCOPE OF PRACTICE OF
THE LICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR
ANALYST.
     (2) THIS SECTION DOES NOT APPLY TO A LICENSED BEHAVIOR
ANALYST OR LICENSED ASSISTANT BEHAVIOR ANALYST WHO IS A PUBLIC
EMPLOYEE ACTING WITHIN THE COURSE AND SCOPE OF THE PUBLIC
EMPLOYEE'S DUTIES AND WHO IS GRANTED IMMUNITY UNDER THE
"COLORADO GOVERNMENTAL IMMUNITY ACT", ARTICLE 10 OF TITLE 24.
       12-247-123. Repeal of article - review of functions.
     THIS ARTICLE 247 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2031.
BEFORE THE REPEAL, THIS ARTICLE 247 IS SCHEDULED FOR REVIEW IN
ACCORDANCE WITH SECTION 24-34-104.
       SECTION 3. In Colorado Revised Statutes, 12-20-407, amend
(1)(a)(V)(W) and (1)(a)(V)(X); and add (1)(a)(V)(Y) as follows:
      12-20-407. Unauthorized practice of profession or occupation -
penalties - exclusions.
      (1) (a) A person commits a class 2 misdemeanor and shall be
punished as provided in section 18-1.3-501 if the person:
        (V) Practices or offers or attempts to practice any of the following
professions or occupations without an active license, certification, or
registration issued under the part or article of this title 12 governing the
particular profession or occupation:
       (W) Veterinary medicine or as a veterinary technician or veterinary
professional associate, as regulated under article 315 of this title 12; or
PAGE 20-HOUSE BILL 26-1425
       (X) Facilitating natural medicine services, as regulated under article
170 of this title 12; OR
      (Y) APPLIED BEHAVIOR ANALYSIS, AS REGULATED UNDER ARTICLE
247 OF THIS TITLE 12.
       SECTION 4. In Colorado Revised Statutes, 24-34-104, add
(32)(a)(XVIII) as follows:
       24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal.
       (32) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2031:
     (XVIII) THE REGULATION OF APPLIED BEHAVIOR ANALYSIS, IN
ACCORDANCE WITH ARTICLE 247 OF TITLE 12.
      SECTION 5. In Colorado Revised Statutes, add 25.5-4-437 as
follows:
       25.5-4-437. Registered behavior technicians - reimbursement -
definitions.
       (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
      (a) "APPLIED BEHAVIOR ANALYSIS" HAS THE MEANING SET FORTH IN
SECTION 12-247-103 (1).
       (b) "AUTISM SPECTRUM DISORDER":
      (I) HAS THE SAME MEANING AS SET FORTH IN THE MOST RECENT
EDITION OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL
DISORDERS IN EFFECT AT THE TIME OF THE DIAGNOSIS; AND
      (II) INCLUDES THE FOLLOWING DISORDERS, AS THE DISORDERS ARE
DEFINED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND
STATISTICAL MANUAL OF MENTAL DISORDERS IN EFFECT AT THE TIME OF
PAGE 21-HOUSE BILL 26-1425
THE DIAGNOSIS:
      (A) AUTISM SPECTRUM DISORDER;
      (B) AUTISTIC DISORDER;
      (C) ASPERGER'S DISORDER; AND
      (D) ATYPICAL AUTISM AS A DIAGNOSIS WITHIN PERVASIVE
DEVELOPMENTAL DISORDER NOT OTHERWISE SPECIFIED.
      (c) "BOARD CERTIFIED ASSISTANT BEHAVIOR ANALYST" MEANS AN
INDIVIDUAL WHO IS DESIGNATED AS A "BOARD CERTIFIED ASSISTANT
BEHAVIOR ANALYST" BY A CERTIFYING ENTITY AND WHO IS LICENSED
PURSUANT TO SECTION 12-247-108 WHEN REQUIRED BY SECTION
12-247-106.
      (d) "BOARD CERTIFIED BEHAVIOR ANALYST" MEANS AN INDIVIDUAL
WHO IS CERTIFIED AS A "BOARD CERTIFIED BEHAVIOR ANALYST "BY A
CERTIFYING ENTITY AND WHO IS LICENSED PURSUANT TO SECTION
12-247-107 WHEN REQUIRED BY SECTION 12-247-106.
      (e) "BOARD CERTIFIED BEHAVIOR ANALYST-DOCTORAL" MEANS AN
INDIVIDUAL WHO IS CERTIFIED AS A "BOARD CERTIFIED BEHAVIOR ANALYST"
BY A CERTIFYING ENTITY, HAS RECEIVED A "BOARD CERTIFIED BEHAVIOR
ANALYST-DOCTORAL" DESIGNATION FROM A CERTIFYING ENTITY, AND IS
LICENSED PURSUANT TO SECTION 12-247-107 WHEN REQUIRED BY SECTION
12-247-106.
      (f) "CERTIFYING ENTITY" HAS THE MEANING SET FORTH SECTION
12-247-103 (4).
     (g) "REGISTERED BEHAVIOR TECHNICIAN" MEANS A BEHAVIOR
TECHNICIAN, AS DEFINED IN SECTION 12-247-103 (2), WHO IS CERTIFIED BY
A CERTIFYING ENTITY AND WHO DELIVERS APPLIED BEHAVIOR ANALYSIS
SERVICES IN COMPLIANCE WITH ARTICLE 247 OF TITLE 12 UNDER THE
SUPERVISION OF:
      (I) A LICENSED PSYCHOLOGIST;
PAGE 22-HOUSE BILL 26-1425
      (II) A BOARD CERTIFIED BEHAVIOR ANALYST;
      (III) A BOARD CERTIFIED BEHAVIOR ANALYST-DOCTORAL; OR
      (IV) A BOARD CERTIFIED ASSISTANT BEHAVIOR ANALYST.
      (2) THE STATE DEPARTMENT SHALL REIMBURSE THE APPLICABLE
APPLIED BEHAVIOR ANALYSIS PROVIDER FOR APPLIED BEHAVIOR ANALYSIS
SERVICES PROVIDED BY A REGISTERED BEHAVIOR TECHNICIAN TO A MEMBER
WITH AUTISM SPECTRUM DISORDER OR OTHER CONDITIONS FOR WHICH
COVERAGE MAY BE AVAILABLE UNDER STATE DEPARTMENT POLICIES.
      (3) (a) SUBJECT TO FEDERAL APPROVAL, THE STATE DEPARTMENT
SHALL REIMBURSE THE APPLICABLE APPLIED BEHAVIOR ANALYSIS PROVIDER
FOR APPLIED BEHAVIOR ANALYSIS SERVICES PROVIDED BY A BEHAVIOR
TECHNICIAN, WHICH BEHAVIOR TECHNICIAN IS REQUIRED BY THE STATE
DEPARTMENT TO BE CERTIFIED BY A CERTIFYING ENTITY BUT WHO IS NOT
CERTIFIED AT THE TIME OF SERVICES, DURING ONE TEMPORARY PERIOD OF
NOT LESS THAN FORTY-FIVE DAYS WHILE THE BEHAVIOR TECHNICIAN IS
PURSUING THE CERTIFICATION IF THE ENTITY REQUESTING REIMBURSEMENT
PROVIDES THE STATE DEPARTMENT WITH QUARTERLY ROSTERS OF THE
ENTITY'S EMPLOYED BEHAVIOR TECHNICIANS, INCLUDING WHETHER OR NOT
EACH INDIVIDUAL HAS COMPLETED MINIMUM TRAINING REQUIREMENTS AND
RECEIVED THEIR CERTIFICATION FROM A CERTIFYING ENTITY.
      (b) A BEHAVIOR TECHNICIAN WHO OBTAINS CERTIFICATION AFTER
PROVISION OF SERVICES PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION
SHALL MAINTAIN THE CERTIFICATION TO BE ELIGIBLE FOR REIMBURSEMENT
BY THE STATE DEPARTMENT FOR PROVIDING APPLIED BEHAVIOR ANALYSIS
SERVICES.
       (c) IF A BEHAVIOR TECHNICIAN DOES NOT BECOME CERTIFIED AT THE
END OF THE FORTY-FIVE-DAY PERIOD DESCRIBED IN SUBSECTION (3)(a) OF
THIS SECTION, THE ENTITY REQUESTING REIMBURSEMENT SHALL STOP THE
REIMBURSEMENT REQUEST UNTIL THE BEHAVIOR TECHNICIAN BECOMES
CERTIFIED.
      (d) BEFORE PROVIDING APPLIED BEHAVIOR ANALYSIS SERVICES TO
AN INDIVIDUAL AND SEEKING REIMBURSEMENT PURSUANT TO SUBSECTIONS
(2) AND (3) OF THIS SECTION, A BEHAVIOR TECHNICIAN SHALL SATISFY THE
PAGE 23-HOUSE BILL 26-1425
FOLLOWING CONDITIONS:
      (I) OBTAIN A NAME-BASED JUDICIAL RECORD CHECK, AS DEFINED IN
SECTION 22-2-119.3 (6)(d);
      (II) COMPLETE ALL TRAINING REQUIRED FOR CERTIFICATION BY A
CERTIFYING ENTITY; AND
       (III) COMPLETE ABUSE AND NEGLECT REPORTING TRAINING.
       (e) THE FORTY-FIVE-DAY PERIOD DESCRIBED IN SUBSECTION (3)(a)
OF THIS SECTION BEGINS UPON A BEHAVIOR TECHNICIAN'S COMPLETION OF
THE REQUIREMENTS DESCRIBED IN SUBSECTION (3)(d) OF THIS SECTION.
      (f) BEGINNING IN JANUARY 2027, AND IN JANUARY EVERY YEAR
THEREAFTER, THE STATE DEPARTMENT SHALL INCLUDE, AS PART OF ITS
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY SECTION
2-7-203, A DETERMINATION OF THE EFFICACY OF THIS SUBSECTION (3) AND
RECOMMENDATIONS ON THE BEST WAY TO MOVE FORWARD WHILE ENSURING
PATIENT SAFETY AND PROVIDER SUSTAINABILITY, INCLUDING DATA ON THE
NUMBER OF BEHAVIOR TECHNICIANS OBTAINING CERTIFICATION IN THE
PRECEDING SIX MONTHS.
      SECTION 6. In Colorado Revised Statutes, amend 26-6-901 as
follows:
       26-6-901. Short title.
      The short title of this part 9 is the "Foster Care, Kinship Foster Care,
Residential, Day Treatment, and Child Placement Agency AND APPLIED
BEHAVIOR ANALYSIS CLINIC Licensing and Certification Act".
        SECTION 7. In Colorado Revised Statutes, 26-6-902, amend
(1)(a), (1.5), and (2) as follows:
       26-6-902. Legislative declaration.
       (1) The general assembly finds that:
       (a) The regulation, licensing, and funding of foster care homes,
PAGE 24-HOUSE BILL 26-1425
kinship foster care homes, residential and day treatment child care facilities,
APPLIED BEHAVIOR ANALYSIS CLINICS, and child placement agencies
contribute to a safe and healthy environment for children and youth;
       (1.5) The general assembly intends that those who regulate and
fund, and those who are regulated and funded, work together to meet the
needs of the children, youth, and their families; foster care providers;
kinship foster care providers; APPLIED BEHAVIOR ANALYSIS CLINICS; child
placement agencies; and residential and day treatment child care facilities.
        (2) In balancing the needs of children and their families with the
needs of child placement agencies, APPLIED BEHAVIOR ANALYSIS CLINICS,
and the residential and day treatment child care industry, the general
assembly also recognizes the financial demands the department of human
services faces in its attempt to ensure a safe and sanitary environment for
children of the state of Colorado who are in foster care with child placement
agencies or in residential and day treatment child care facilities. In an effort
to reduce the risk to children placed outside their homes while recognizing
the financial constraints placed on the department, it is the intent of the
general assembly that the limited resources available are focused primarily
on residential and day treatment child care facilities, APPLIED BEHAVIOR
ANALYSIS CLINICS, and agencies that have demonstrated that children in
their care may be at higher risk.
       SECTION 8. In Colorado Revised Statutes, 26-6-903, amend (2),
(8), (11), (17), (19), and (30); and add (2.3), (2.5), (2.7), and (17.5) as
follows:
       26-6-903. Definitions - repeal.
       As used in this part 9, unless the context otherwise requires:
       (2) "Application" means a declaration of intent to obtain or continue
a license or certificate for a residential or day treatment child care facility,
or child placement agency, OR APPLIED BEHAVIOR ANALYSIS CLINIC.
       (2.3) "APPLIED BEHAVIOR ANALYSIS" HAS THE MEANING SET FORTH
IN SECTION 12-247-103 (1).
       (2.5) "APPLIED BEHAVIOR ANALYSIS CLINIC" MEANS A FACILITY THAT
PAGE 25-HOUSE BILL 26-1425
PROVIDES APPLIED BEHAVIOR ANALYSIS THERAPY AND PROVIDES AT LEAST
FOUR HOURS OF CARE BUT LESS THAN TWENTY-FOUR HOURS OF CARE EACH
BUSINESS DAY TO AT LEAST THREE INDIVIDUALS WHO ARE AT LEAST
EIGHTEEN MONTHS OLD BUT LESS THAN TWENTY-ONE YEARS OLD.
     (2.7) (a) "BEHAVIORAL HEALTH" MEANS A CHILD'S MENTAL OR
EMOTIONAL WELL-BEING OR A CHILD'S ACTIONS THAT AFFECT THE CHILD'S
OVERALL WELLNESS.
       (b) "BEHAVIORAL HEALTH" INCLUDES:
       (I) INTELLECTUAL AND DEVELOPMENTAL DISABILITIES;
       (II) AUTISM SPECTRUM DISORDER, AS DEFINED IN SECTION
25.5-4-437 (1)(b);
      (III) A RANGE OF ISSUES AND DISORDERS FROM UNHEALTHY STRESS,
SUBCLINICAL CONDITIONS, AND NEURODIVERGENCE TO DIAGNOSABLE AND
TREATABLE DISEASES; AND
       (IV)SERVICE SYSTEMS THAT ENCOMPASS THE PROMOTION OF
EMOTIONAL WELL-BEING AND PREVENTION AND TREATMENT SERVICES
ADDRESSING BEHAVIORAL HEALTH.
       (8) (a) (I) "Day treatment center FACILITY" means a facility that:
       (A) Except as provided in subsection (8)(a)(II) of this section,
provides less than twenty-four-hour care AT LEAST FOUR HOURS OF CARE
BUT LESS THAN TWENTY-FOUR HOURS OF CARE EACH BUSINESS DAY for
groups of five THREE or more children who are three years of age OLD or
older but less than twenty-one years of age OLD; and
       (B) Provides a structured program of various types of psycho-social
and behavioral treatment to prevent or reduce the need for placement of the
child out of the home or community DESIGNED TO ASSESS, TREAT, OR
PROMOTE THE BEHAVIORAL HEALTH OF AN INDIVIDUAL WHO IS AT LEAST
THREE YEARS OLD BUT LESS THAN TWENTY-ONE YEARS OLD.
       (II) Nothing in this subsection (8) prohibits a day treatment center
FACILITY from allowing a person AN INDIVIDUAL who reaches twenty-one
PAGE 26-HOUSE BILL 26-1425
years of age OLD after the commencement of an academic year from
attending an educational program at the day treatment center FACILITY
through the end of the semester in which the twenty-first birthday occurs or
until the person INDIVIDUAL completes the educational program, whichever
comes first.
       (b) "Day treatment center" does not include special education
programs operated by a public or private school system or programs that are
licensed by the department of early childhood for less than twenty-four-hour
care of children, such as a child care center. "DAY TREATMENT FACILITY"
DOES NOT INCLUDE:
     (I) A SPECIAL EDUCATION PROGRAM OR SPECIALIZED DAY SCHOOL
OPERATED BY A PUBLIC OR PRIVATE SCHOOL SYSTEM;
        (II) A PROGRAM THAT IS LICENSED BY THE DEPARTMENT OF EARLY
CHILDHOOD OR THE DEPARTMENT OF EDUCATION PROVIDING LESS THAN
TWENTY-FOUR-HOUR CARE OF CHILDREN, SUCH AS A CHILD CARE CENTER; OR
      (III) (A) ON OR BEFORE JULY 1, 2028, A LICENSED APPLIED
BEHAVIOR ANALYSIS CLINIC, IF THE DEPARTMENT HAS PRESCRIBED AND
PUBLISHED STANDARDS FOR LICENSING AND REGULATING APPLIED BEHAVIOR
ANALYSIS CLINICS PURSUANT TO SECTION 26-6-909.5.
        (B) THIS SUBSECTION (8)(b)(III) IS REPEALED, EFFECTIVE JULY 1,
2029.
        (11) "Governing body" means the individual, partnership,
corporation, or association in which the ultimate authority and legal
responsibility is vested for the administration and operation of a residential
or day treatment child care facility, AN APPLIED BEHAVIOR ANALYSIS CLINIC,
or a child placement agency.
        (17) "License" means a legal document issued pursuant to this part
9 granting permission to operate a residential or day treatment child care
facility, APPLIED BEHAVIOR ANALYSIS CLINIC, or child placement agency. A
license may be in the form of a provisional, probationary, permanent, or
time-limited license.
        (17.5) "LICENSED BEHAVIOR ANALYST" HAS THE MEANING SET
PAGE 27-HOUSE BILL 26-1425
FORTH IN SECTION 12-247-103 (6).
       (19) "Licensing" means, except as otherwise provided in subsection
(10) of this section, the process by which the department approves a facility
or agency for the purpose of conducting business as a residential or day
treatment child care facility, or child placement agency, OR APPLIED
BEHAVIOR ANALYSIS CLINIC.
       (30) "Residential or day treatment child care facility" or "facility"
means a residential child care facility, including a qualified residential
treatment program, psychiatric residential treatment program, shelter care
program, and homeless youth program; specialized group facility, including
a group home and group center; day treatment center FACILITY; secure
residential treatment center; respite child care center; or homeless youth
shelter, including a host family home.
       SECTION 9. In Colorado Revised Statutes, 26-6-904, amend (1)(c)
and (1)(d); and add (1)(e) as follows:
       26-6-904. Applicability of part.
       (1) This part 9 does not apply to:
       (c) Juvenile courts; or
       (d) Nursing homes that have children as residents; OR
     (e) THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS IN HOMES,
SCHOOLS, COMMUNITY SETTINGS, OR OTHER NONCLINICAL SETTINGS.
        SECTION 10. In Colorado Revised Statutes, 26-6-905, amend
(1)(a), (4), (8)(a)(I) introductory portion, and (10); and add (1.5) as follows:
     26-6-905. Licenses - out-of-state notices and consent -
demonstration pilot program - report - rules - definition - repeal.
       (1) (a) Except as otherwise provided in subsection (1)(b) of this
section or elsewhere in this part 9, a person shall not operate a residential
or day treatment child care facility, or child placement agency, OR APPLIED
BEHAVIOR ANALYSIS CLINIC without first being licensed by the state
PAGE 28-HOUSE BILL 26-1425
department to operate or maintain the facility or agency and paying the
prescribed fee. Except as otherwise provided in subsection (1)(c) of this
section, a license that the state department issues is permanent unless
otherwise revoked or suspended pursuant to section 26-6-914.
      (1.5) (a) A FACILITY THAT IS NOT A DAY TREATMENT FACILITY, AS
THAT TERM IS DEFINED ON MAY 1, 2026, BUT IS A DAY TREATMENT FACILITY,
AS THAT TERM IS DEFINED ON THE EFFECTIVE DATE OF THIS SUBSECTION
(1.5), SHALL SUBMIT AN APPLICATION ON OR BEFORE AUGUST 1, 2026.
      (b) A FACILITY THAT IS NOT A DAY TREATMENT FACILITY, AS THAT
TERM IS DEFINED ON MAY 1, 2026, BUT IS A DAY TREATMENT FACILITY, AS
THAT TERM IS DEFINED ON THE EFFECTIVE DATE OF THIS SUBSECTION (1.5),
SHALL NOT OPERATE WITHOUT A LICENSE ISSUED BY THE STATE
DEPARTMENT PURSUANT TO THIS PART 9 ON OR AFTER AUGUST 1, 2027.
       (c) THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE AUGUST 1, 2028.
        (4) The department shall not issue a license for a residential or day
treatment child care facility OR AN APPLIED BEHAVIOR ANALYSIS CLINIC until
the facilities that the applicant or licensee will operate or maintain are
approved by the department of public health and environment as
conforming to the sanitary standards prescribed by the department pursuant
to section 25-1.5-101 (1)(h) and unless the facilities conform to fire
prevention and protection requirements of local fire departments in the
locality of the facility or, in lieu thereof, of the division of labor standards
and statistics.
        (8) (a) (I) The state department shall not issue a license to operate
a residential or day treatment child care facility, or a child placement
agency, OR AN APPLIED BEHAVIOR ANALYSIS CLINIC, and any license or
certificate issued prior to August 7, 2006, is revoked or suspended if the
applicant for the license or certificate, an affiliate of the applicant, a person
AN INDIVIDUAL employed by the applicant, or a person AN INDIVIDUAL who
resides with the applicant at the facility has been convicted of:
       (10) The state department shall not issue a license to operate a
residential or day treatment child care facility, foster care home, or child
placement agency, OR APPLIED BEHAVIOR ANALYSIS CLINIC if the person
applying for the license or an affiliate of the applicant, a person AN
PAGE 29-HOUSE BILL 26-1425
INDIVIDUAL employed by the applicant, or a person AN INDIVIDUAL who
resides with the applicant at the facility has been determined to be insane or
mentally incompetent by a court of competent jurisdiction and, if the court
enters, pursuant to part 3 or part 4 of article 14 of title 15, or section
27-65-110 (4) or 27-65-127, an order specifically finding that the mental
incompetency or insanity is of such a degree that the applicant is incapable
of operating a residential or day treatment child care facility, foster care
home, APPLIED BEHAVIOR ANALYSIS CLINIC, or child placement agency, the
record of such determination and entry of such order being conclusive
evidence thereof.
       SECTION 11. In Colorado Revised Statutes, 26-6-906, amend (1)
and (2) introductory portion as follows:
       26-6-906. Compliance with local government zoning regulations
- notice to local governments - provisional licensure.
        (1) The department shall require a residential or day treatment child
care facility OR AN APPLIED BEHAVIOR ANALYSIS CLINIC seeking a license
pursuant to section 26-6-905 to comply with any applicable zoning and land
use development regulations of the municipality, city and county, or county
where the facility is situated. Failure to comply with applicable zoning and
land use regulations constitutes grounds for the denial of a license to a
facility.
       (2) The department shall ensure that timely written notice is
provided to the municipality, city and county, or county where a residential
or day treatment child care facility OR AN APPLIED BEHAVIOR ANALYSIS
CLINIC is situated, including the address of the facility OR CLINIC and the
population and number of persons INDIVIDUALS to be served by the facility
OR CLINIC, when any of the following occurs:
       SECTION 12. In Colorado Revised Statutes, 26-6-907, amend
(1)(a) introductory portion, (1)(a)(V), (1)(a)(VI), (1)(a)(VII), and
(2)(b)(I)(A); and add (1)(a)(VIII) as follows:
       26-6-907. Fees - when original applications, reapplications, and
renewals for licensure are required - creation of child welfare licensing
cash fund.
PAGE 30-HOUSE BILL 26-1425
       (1) (a) The state department is authorized to establish, pursuant to
rules promulgated ADOPTED by the state board, permanent, time-limited,
and provisional license fees and fees for continuation or renewal, whichever
is applicable, of a license for the following types of child care
arrangements:
       (V) Day treatment centers FACILITIES;
       (VI) Specialized group facilities; and
       (VII) Respite child care centers; AND
       (VIII) APPLIED BEHAVIOR ANALYSIS CLINICS.
       (2) (b) (I) An original application and fee are required:
        (A) When an individual, partnership, corporation, or association
plans to open a foster care home, or a residential or day treatment child care
facility, or child placement agency, OR APPLIED BEHAVIOR ANALYSIS CLINIC;
        SECTION 13. In Colorado Revised Statutes, 26-6-908, amend
(1)(a)(I) and (2) as follows:
       26-6-908. Application forms - criminal sanctions for perjury.
       (1) (a) (I) All applications for the licensure of a child placement
agency, or a residential or day treatment child care facility, OR AN APPLIED
BEHAVIOR ANALYSIS CLINIC or the certification of a foster care home or A
kinship foster care home pursuant to this part 9 must include the notice to
the applicant set forth in subsection (1)(b) of this section.
       (2) A person AN INDIVIDUAL applying for the licensure of a facility,
or agency, OR APPLIED BEHAVIOR ANALYSIS CLINIC or the certification of a
foster care home or kinship foster care home pursuant to this part 9, or a
person AN INDIVIDUAL applying to work at a facility, or agency, OR CLINIC
as an employee, who knowingly or willfully makes a false statement of any
material fact or thing in the application commits perjury in the second
degree as defined in section 18-8-503 and, upon conviction, shall be
punished accordingly.
PAGE 31-HOUSE BILL 26-1425
       SECTION 14. In Colorado Revised Statutes, 26-6-909, amend (1)
and (4) as follows:
       26-6-909. Standards for facilities and agencies - appeals review
panel - rules - repeal.
       (1) (a) The department shall prescribe and publish standards for
licensing. The standards must be applicable to child placement agencies and
the various types of residential and day treatment child care facilities
regulated and licensed by this part 9; except that the department shall
prescribe and publish separate standards for the licensing of child placement
agencies operating for the purpose of adoptive placement and
adoption-related services AND SHALL PRESCRIBE AND PUBLISH SEPARATE
STANDARDS FOR THE LICENSING OF APPLIED BEHAVIOR ANALYSIS CLINICS AS
SET FORTH IN SECTION 26-6-909.5. The department shall seek the advice and
assistance of persons representative of the various types of facilities and
agencies in establishing the standards, including the advice and assistance
of the department of public safety and councils and associations
representing fire marshals and building code officials in the promulgation
ADOPTION of any rules related to adequate fire protection and prevention,
as allowed in subsection (2)(e) of this section. The standards must be
established by rules promulgated ADOPTED by the state board and be issued,
BE published, and become effective only in conformity with article 4 of title
24.
      (b) (I) THE DEPARTMENT MAY PROVIDE AN APPLICANT FOR
LICENSURE PURSUANT TO THIS SECTION WITH DOCUMENTATION THAT THE
APPLICANT HAS SUBMITTED AN APPLICATION.
       (II) THIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE JULY 1, 2028.
       (4) An applicant or person INDIVIDUAL licensed to operate a facility
or agency under the provisions of this part 9 has the right to appeal any
standard that, in the applicant's or person's INDIVIDUAL'S opinion, creates an
undue hardship or when, in the applicant's or person's INDIVIDUAL'S opinion,
a standard has been too stringently applied by representatives of the
department. The department shall designate a panel of persons INDIVIDUALS
representing various state and local governmental agencies with an interest
in and concern for children to hear the appeal and to make
recommendations to the department. The membership of the appeals review
PAGE 32-HOUSE BILL 26-1425
panel must include, but need not be limited to, a representative from a
twenty-four-hour child care facility; a representative from a licensed child
placement agency; a representative with child placement experience from
a county department; and A REPRESENTATIVE FROM AN APPLIED BEHAVIOR
ANALYSIS CLINIC; a representative from at least one other state department,
or from the division within the department that is responsible for child
welfare, who has education and expertise in trauma-informed care and child
welfare; AND A REPRESENTATIVE FROM AT LEAST ONE OTHER STATE AGENCY
WHO HAS EDUCATION AND EXPERIENCE IN APPLIED BEHAVIOR ANALYSIS
TREATMENT AND THE MEDICAL AND BEHAVIORAL CONDITIONS TREATED BY
AN APPLIED BEHAVIOR ANALYSIS CLINIC. The executive director, or the
executive director's designee, shall appoint all members to the appeals
review panel. Representatives to the appeals review panel serve terms of no
more than three years and may serve successive terms.
      SECTION 15. In Colorado Revised Statutes, add 26-6-909.5 as
follows:
         26-6-909.5. Standards for applied behavior analysis clinics -
rules.
         (1) (a) (I) ON OR BEFORE JULY 1, 2029, THE DEPARTMENT SHALL
PRESCRIBE AND PUBLISH STANDARDS FOR LICENSING AND REGULATING
APPLIED BEHAVIOR ANALYSIS CLINICS, WITH A FOCUS ON THE HEALTH AND
SAFETY OF CHILDREN. THE STANDARDS MUST BE ESTABLISHED BY RULES
ADOPTED BY THE STATE BOARD AND BE ISSUED, BE PUBLISHED, AND BECOME
EFFECTIVE IN CONFORMITY WITH ARTICLE 4 OF TITLE 24.
         (II) AN APPLIED BEHAVIOR ANALYSIS CLINIC IS A CLINIC WHERE
INDIVIDUALS RECEIVE APPLIED BEHAVIOR ANALYSIS FROM LICENSED AND
CERTIFIED PROFESSIONALS.
          THE DEPARTMENT SHALL, IN COLLABORATION WITH THE
         (b)
DEPARTMENT OF EARLY CHILDHOOD, CREATE REGULATORY STANDARDS FOR
APPLIED BEHAVIORAL ANALYSIS CLINICS THAT PROVIDE SERVICES TO
CHILDREN WHO ARE THREE YEARS OLD OR YOUNGER. THE STANDARDS MUST
BE ESTABLISHED BY RULES ADOPTED BY THE STATE BOARD AND BE ISSUED,
BE PUBLISHED, AND BECOME EFFECTIVE IN CONFORMITY WITH ARTICLE 4 OF
TITLE 24.
PAGE 33-HOUSE BILL 26-1425
      (2) IN ESTABLISHING THE STANDARDS FOR APPLIED BEHAVIOR
ANALYSIS CLINICS PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL
SEEK THE ADVICE AND ASSISTANCE OF PERSONS REPRESENTATIVE OF THE
VARIOUS TYPES OF APPLIED BEHAVIOR ANALYSIS CLINICS AND PROVIDERS,
INCLUDING THE ADVICE AND ASSISTANCE OF THE DEPARTMENT OF PUBLIC
SAFETY AND COUNCILS AND ASSOCIATIONS REPRESENTING FIRE MARSHALS
AND BUILDING CODE OFFICIALS IN THE ADOPTION OF ANY RULES RELATED TO
ADEQUATE FIRE PROTECTION AND PREVENTION.
      (3) STANDARDS PRESCRIBED BY STATE BOARD RULES GOVERNING
APPLIED BEHAVIOR ANALYSIS CLINICS ARE RESTRICTED TO:
       (a) THE CHARACTER, SUITABILITY, AND QUALIFICATIONS OF AN
APPLICANT FOR A LICENSE AND OF OTHER PERSONS DIRECTLY RESPONSIBLE
FOR THE CARE AND WELFARE OF CHILDREN SERVED, INCLUDING WHETHER AN
AFFILIATE OF THE APPLICANT HAS BEEN THE SUBJECT OF A NEGATIVE
LICENSING ACTION;
      (b) THE SAFETY, CLEANLINESS, AND GENERAL HABITABILITY OF THE
PREMISES, INCLUDING MAINTENANCE OF ADEQUATE FIRE PROTECTION AND
PREVENTION AND HEALTH STANDARDS IN CONFORMANCE WITH STATE LAWS
AND MUNICIPAL ORDINANCES, TO PROVIDE FOR THE PHYSICAL COMFORT,
CARE, WELL-BEING, AND SAFETY OF THE CHILDREN SERVED;
      (c) STANDARDS FOR RESTRAINT OF A CHILD IN ACCORDANCE WITH
ARTICLE 20 OF THIS TITLE 26. THE STANDARDS MUST INCLUDE
REQUIREMENTS GOVERNING:
      (I) FILING REPORTS WITH THE DEPARTMENT;
      (II) THE BASIS FOR THE USE OF RESTRAINT IN ACCORDANCE WITH
SECTION 26-20-103;
      (III) APPLIED BEHAVIOR ANALYSIS CLINIC STAFF;
      (IV) DOCUMENTATION AND REVIEW OF THE RESTRAINTS;
      (V) CERTIFICATION OR APPROVAL FROM THE DEPARTMENT PRIOR TO
THE UTILIZATION OF A RESTRAINT PROTOCOL; AND
PAGE 34-HOUSE BILL 26-1425
     (VI) REVOCATION OR SUSPENSION OF LICENSURE FOR FAILURE TO
COMPLY WITH THE STANDARDS SET FORTH IN THIS SUBSECTION (3)(c);
      (d) EXCEPT AS PROVIDED IN SUBSECTION (3)(e) OF THIS SECTION,
PROVISIONS THAT ENSURE THAT APPLIED BEHAVIOR ANALYSIS CLINICS
VERIFY, IN ACCORDANCE WITH PART 9 OF ARTICLE 4 OF TITLE 25, THAT EACH
CHILD RECEIVING APPLIED BEHAVIOR ANALYSIS SERVICES HAS RECEIVED
APPROPRIATE IMMUNIZATIONS AGAINST CONTAGIOUS DISEASES AS FOLLOWS:
      (I) CHILDREN TWENTY-FOUR MONTHS OLD OR YOUNGER ARE
REQUIRED TO BE IMMUNIZED IN ACCORDANCE WITH THE "INFANT
IMMUNIZATION ACT", PART 17 OF ARTICLE 4 OF TITLE 25; OR
      (II) CHILDREN OVER TWENTY-FOUR MONTHS OLD ARE REQUIRED TO
BE IMMUNIZED IN ACCORDANCE WITH PART 9 OF ARTICLE 4 OF TITLE 25;
      (e) PROVISIONS THAT ALLOW AN APPLIED BEHAVIOR ANALYSIS
CLINIC TO ALLOW A CHILD TO ENROLL AND ATTEND THE CLINIC WITHOUT
OBTAINING VERIFICATION OF IMMUNIZATION FOR THE CHILD ON A
SHORT - TERM BASIS OF NO MORE THAN FIFTEEN DAYS IN A
FIFTEEN-CONSECUTIVE-DAY PERIOD AND NO MORE THAN TWICE IN A
CALENDAR YEAR, WITH EACH FIFTEEN-CONSECUTIVE-DAY PERIOD
SEPARATED BY AT LEAST SIXTY DAYS, AS PROVIDED IN SECTION 25-4-902.
AN APPLIED BEHAVIOR ANALYSIS CLINIC THAT ALLOWS CHILDREN TO
ENROLL AND ATTEND ON A SHORT-TERM BASIS PURSUANT TO THIS
SUBSECTION (3)(e) SHALL PROVIDE NOTIFICATION TO ALL PARENTS THAT THE
CLINIC ALLOWS CHILDREN TO ENROLL AND ATTEND ON A SHORT-TERM BASIS
WITHOUT OBTAINING PROOF OF IMMUNIZATION.
      (f) THE OPERATION AND CONDUCT OF THE ENTITIES REQUIRED TO BE
LICENSED UNDER THIS PART 9 AND THE RESPONSIBILITY THE ENTITIES
ASSUME FOR THE TREATMENT AND CARE OF CHILDREN;
      (g) THE GENERAL FINANCIAL ABILITY AND COMPETENCE OF AN
APPLICANT FOR A LICENSE TO PROVIDE NECESSARY TREATMENT FOR
CHILDREN AND TO MAINTAIN PRESCRIBED STANDARDS;
     (h) THE NUMBER OF INDIVIDUALS REQUIRED TO ENSURE ADEQUATE
TREATMENT AND CARE OF THE CHILDREN SERVED;
PAGE 35-HOUSE BILL 26-1425
      (i) RECORD KEEPING FOR FOOD, CLOTHING, EQUIPMENT, AND
INDIVIDUAL SUPPLIES;
     (j) PROVISIONS TO SAFEGUARD THE LEGAL RIGHTS OF THE CHILDREN
SERVED;
      (k) RECORD KEEPING PERTAINING TO THE ADMISSIONS, PROGRESS,
HEALTH, AND DISCHARGE OF CHILDREN, INCLUDING PROVISIONS TO ENSURE
THE RECORD-KEEPING REQUIREMENTS DO NOT CONFLICT WITH FEDERAL
CENTERS FOR MEDICARE AND MEDICAID SERVICES REGULATIONS;
      (l) FILING OF REPORTS WITH THE DEPARTMENT;
      (m) STANDARDS FOR CARE OF CHILDREN WHO RECEIVE LESS THAN
FOUR HOURS OF CARE EACH BUSINESS DAY AT AN APPLIED BEHAVIOR
ANALYSIS CLINIC;
      (n) DISCIPLINE OF CHILDREN; AND
      (o) STORAGE REQUIREMENTS FOR MEDICATION.
      (4) AN APPLIED BEHAVIOR ANALYSIS CLINIC THAT PROVIDES CHILD
CARE EXCLUSIVELY TO SCHOOL-AGE CHILDREN AND OPERATES ON THE
PROPERTY OF A SCHOOL DISTRICT, DISTRICT CHARTER SCHOOL, OR INSTITUTE
CHARTER SCHOOL MAY SATISFY ANY FIRE OR RADON INSPECTION
REQUIREMENT REQUIRED BY LAW BY PROVIDING A COPY OF A SATISFACTORY
FIRE OR RADON INSPECTION REPORT OF THE PROPERTY OF A SCHOOL
DISTRICT, DISTRICT CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL
WHERE THE CHILD CARE IS PROVIDED IF THE FIRE OR RADON INSPECTION
REPORT WAS COMPLETED WITHIN THE PRECEDING TWELVE MONTHS. THE
DEPARTMENT SHALL NOT REQUIRE A DUPLICATE FIRE OR RADON INSPECTION
IF A SATISFACTORY FIRE OR RADON INSPECTION REPORT OF THE PROPERTY
WAS COMPLETED WITHIN THE PRECEDING TWELVE MONTHS.
      (5) IF ALL OF THE REQUIREMENTS OF SECTION 22-1-119.5 AND ANY
ADDITIONAL RULES OF THE STATE BOARD ARE MET, A CHILD ENROLLED IN AN
APPLIED BEHAVIOR ANALYSIS CLINIC MAY POSSESS AND SELF-ADMINISTER
MEDICATION FOR ASTHMA, A FOOD ALLERGY, OR ANAPHYLAXIS. THE STATE
BOARD MAY ADOPT ADDITIONAL RULES CONCERNING POSSESSING AND
SELF-ADMINISTERING MEDICATION FOR ASTHMA, A FOOD ALLERGY, OR
PAGE 36-HOUSE BILL 26-1425
ANAPHYLAXIS.
       (6) THE EXECUTIVE DIRECTOR MAY DIRECT THE ADMINISTRATION OR
MONITORING OF MEDICATIONS TO INDIVIDUALS IN APPLIED BEHAVIOR
ANALYSIS CLINICS PURSUANT TO PART 3 OF ARTICLE 1.5 OF TITLE 25.
        SECTION 16. In Colorado Revised Statutes, 26-6-912, amend
(1)(a)(I)(A), (1)(a)(I)(B), (1)(a)(I)(C), (1)(a)(III), (2)(a)(I), (2)(b), (3), and
(6) as follows:
      26-6-912. Investigations and inspections - local authority -
reports - rules.
        (1) (a) (I) (A) The state department shall investigate and pass on
each application for issuance of a license, each application for a permanent
or time-limited license following the issuance of a probationary or
provisional license, and each application for renewal of a license to operate
a facility, A CLINIC, or an agency prior to granting the license or renewal. As
part of the investigation, the state department shall require each individual,
including but not limited to the applicant, an owner, an employee, a newly
hired employee, a licensee, and an adult who is eighteen years of age OLD
or older and resides in the licensed facility OR CLINIC, to obtain a
fingerprint-based criminal history record check by reviewing any record that
is used to assist the state department in ascertaining whether the person
being investigated has been convicted of any of the criminal offenses
specified in section 26-6-905 (8) or any other felony. The state board shall
promulgate ADOPT rules that define and identify what the criminal history
record check entails.
        (B) Rules promulgated ADOPTED by the state board pursuant to this
subsection (1)(a)(I) must require the fingerprint-based criminal history
record check in all circumstances, other than those identified in subsection
(1)(a)(I)(C) of this section, to include a fingerprint-based criminal history
record check using the records of the Colorado bureau of investigation and
the federal bureau of investigation and to apply to any new owner, new
applicant, newly hired employee, new licensee, or individual who begins
residing in the licensed facility OR CLINIC. As part of the investigation, the
records and reports of child abuse or neglect maintained by the state
department must be accessed to determine whether the owner, applicant,
employee, newly hired employee, licensee, or individual who resides in the
PAGE 37-HOUSE BILL 26-1425
licensed facility OR CLINIC being investigated has been found to be
responsible in a confirmed report of child abuse or neglect. Information is
made available pursuant to section 19-1-307 (2)(j) and rules promulgated
ADOPTED by the state board pursuant to section 19-3-313.5 (4). Except as
provided in subsection (1)(a)(I)(C) of this section, any change in ownership
of a licensed facility, CLINIC, or agency or addition of a new resident adult
or newly hired employee to the licensed facility OR CLINIC requires a new
investigation as provided in this section.
        (C) When two or more individually licensed facilities OR CLINICS are
wholly owned, operated, and controlled by a common ownership group or
school district, a fingerprint-based criminal history record check and a
check of the records and reports of child abuse or neglect maintained by the
department, completed for one of the licensed facilities OR CLINICS of the
common ownership group or school district pursuant to this section for an
individual for whom the check is required pursuant to this part 9, may
satisfy the record check requirement for any other licensed facility OR
CLINIC under the same common ownership group or school district. A new
fingerprint-based criminal history record check or new check of the records
and reports of child abuse or neglect maintained by the department is not
required of such an individual if the common ownership group or school
district maintains a central records management system for employees of all
its licensed facilities OR CLINICS, takes action as required pursuant to section
26-6-905 when informed of the results of a fingerprint-based criminal
history record check or check of the records and reports of child abuse or
neglect maintained by the department that requires action pursuant to this
part 9, and informs the department whenever an additional licensed facility
OR CLINIC comes under or is no longer under its ownership or control.
       (III) If the operator of a facility, CLINIC, or agency refuses to hire an
applicant as a result of information disclosed in the investigation of the
applicant pursuant to subsection (1)(a)(I) of this section, the facility, CLINIC,
or agency is not subject to civil liability for the refusal to hire. If a former
employer of the applicant releases information requested by the facility,
CLINIC, or agency pertaining to the applicant's former performance, the
former employer is not subject to civil liability for the information given.
        (2) (a) (I) Except as otherwise provided in subsection (2)(a)(II) of
this section, the state department may authorize or contract with a county
department, the county department of health, or another publicly or
PAGE 38-HOUSE BILL 26-1425
privately operated organization that has a declared interest in children and
experience working with children or on behalf of children to investigate and
inspect the facilities OR CLINICS applying for an original or renewal license
or applying for a permanent license following the issuance of a probationary
or provisional license pursuant to this part 9 and may accept reports on the
investigations and inspections from the agencies or organizations as a basis
for licensing. When contracting for investigations and inspections, the state
department shall ensure that the contractor is qualified by training and
experience and has no conflict of interest with respect to the facilities OR
CLINICS to be inspected.
      (b) A city, county, or city and county may impose and enforce
higher standards and requirements for facilities OR CLINICS licensed
pursuant to this part 9 than the standards and requirements specified
pursuant to this part 9.
        (3) Every facility, CLINIC, and agency licensed pursuant to this part
9 shall keep and maintain such records as the department may prescribe
pertaining to the admission, progress, health, and discharge of children
under the care of the facility, CLINIC, or agency and shall report relative
thereto THE RECORDS to the department whenever called for, upon forms
prescribed by the department. Both The facility, CLINIC, or agency and the
department shall keep confidential all records regarding children and all
facts learned about children and their relatives.
        (6) When the state department receives a serious complaint about a
facility, CLINIC, or agency licensed pursuant to this part 9 alleging the
immediate risk to the health or safety of the children cared for in the
facility, CLINIC, OR AGENCY, the state department shall respond to the
complaint and conduct an on-site investigation concerning the complaint
within forty-eight hours after its receipt.
        SECTION 17. In Colorado Revised Statutes, 26-6-914, amend (2)
introductory portion, (2)(d), (2)(h), (2)(j), (2)(n), (4), (6)(a)(I)(C), and (7)
as follows:
       26-6-914. Denial of license - suspension - revocation - probation
- refusal to renew license - fines - definitions.
       (2) The department may deny an application, or suspend, revoke, or
PAGE 39-HOUSE BILL 26-1425
make probationary the license, of any facility, CLINIC, or agency regulated
and licensed pursuant to this part 9 or assess a fine against the licensee
pursuant to section 26-6-921 if the licensee, an affiliate of the licensee, a
person AN INDIVIDUAL employed by the licensee, or a person AN INDIVIDUAL
who resides with the licensee at the facility, CLINIC, or agency:
        (d) Uses any controlled substance, as defined in section 18-18-102
(5), including retail marijuana, or consumes any alcoholic beverage during
the operating hours of the facility, CLINIC, or agency or is under the
influence of a controlled substance or alcoholic beverage during the
operating hours of the facility, CLINIC, or agency; or
       (h) Refuses to submit to the department any reports or refuses to
make available to the department any records required by it THE
DEPARTMENT in making investigation of the facility, CLINIC, or agency for
licensing purposes; or
       (j) Fails to provide, maintain, equip, and keep in safe and sanitary
condition premises established or used for child care pursuant to standards
prescribed by the department of public health and environment and the
department of human services or by ordinances or regulations applicable to
the location of such facility OR CLINIC; or
       (n) Admits to an act of child abuse or if substantial evidence is
found that the licensee, person INDIVIDUAL employed by the licensee, or
person INDIVIDUAL who resides with the licensee in the licensed facility,
CLINIC, or agency has committed an act of child abuse. As used in this
subsection (2)(n), "child abuse" has the same meaning as that ascribed to
the term "abuse" or "child abuse or neglect" in section 19-1-103 (1).
        (4) The state department may deny an application for a facility,
CLINIC, or agency license pursuant to this part 9 if the applicant is a relative
affiliate of a licensee of a facility, CLINIC, or agency licensed pursuant to
this part 9, which licensee is the subject of a previous negative licensing
action or is the subject of a pending investigation by the state department
that may result in a negative licensing action.
       (6) (a) (I) The state department shall deny an application for a
license under the circumstances described in section 26-6-905 (8). The state
department shall revoke or suspend a license previously issued if:
PAGE 40-HOUSE BILL 26-1425
       (C) The licensee, an affiliate of the licensee, a person AN
INDIVIDUAL employed by the licensee, or a person AN INDIVIDUAL who
resides with the licensee at the facility, CLINIC, or agency has been
determined to be insane or mentally incompetent by a court of competent
jurisdiction and a court has entered, pursuant to part 3 or part 4 of article 14
of title 15, or section 27-65-110 (4) or 27-65-127, an order specifically
finding that the mental incompetency or insanity is of such a degree that the
licensee is incapable of operating a facility, CLINIC, or agency, the record of
such determination and entry of such order being conclusive evidence
thereof.
        (7) The state department shall deny an application for a facility,
CLINIC, or agency licensed pursuant to this part 9 and shall revoke the
license of a facility, CLINIC, or agency licensed pursuant to this part 9 if the
facility, CLINIC, or agency cultivates marijuana pursuant to the authority in
section 16 of article XVIII of the state constitution.
        SECTION 18. In Colorado Revised Statutes, 26-6-915, amend
(1)(a), (1)(b), (1)(d), and (2) as follows:
     26-6-915. Notice of negative licensing action - filing of
complaints - rules.
        (1) (a) When a facility, CLINIC, or agency licensed pursuant to this
part 9 has been notified by the department of a negative licensing action or
the imposition of a fine pursuant to section 26-6-914 (2) and (8), it shall,
within ten days after receiving the notice, provide the department with the
names and mailing addresses of the parents or legal guardians of each child
cared for at the facility, CLINIC, or agency. The department shall maintain
the confidentiality of the names and mailing addresses provided to it
pursuant to this subsection (1).
       (b) Within twenty days after receiving the names and addresses of
parents and legal guardians pursuant to subsection (1)(a) of this section, the
department shall send a written notice to each such parent or legal guardian
identifying the negative licensing action or the fine imposed and providing
a description of the basis for the action as it relates to the impact on the
health, safety, and welfare of the children in the care of the facility, CLINIC,
or agency. The department shall send the notice to the parents and legal
guardians by first-class mail.
PAGE 41-HOUSE BILL 26-1425
       (d) This subsection (1) does not preclude the state department or a
county department from notifying parents or legal guardians of serious
violations of any of the standards prescribed and published by the
department or any of the provisions of this part 9 that could impact the
health, safety, or welfare of a child cared for at the facility, CLINIC, AGENCY,
or home.
       (2) The state board shall promulgate ADOPT rules requiring facilities,
CLINICS, and agencies to provide written notice to the parents and legal
guardians of the children cared for in the facilities, CLINICS, and agencies
of the procedures by which to file a complaint against the facility, CLINIC,
or agency or an employee of the facility, CLINIC, or agency with the division
within the department that is responsible for facility, CLINIC, and agency
licensing. The rules must specify the information that the notice must
contain and must require that the notice include the current mailing address
and telephone number of the division within the department that is
responsible for facility, CLINIC, and agency licensing.
      SECTION 19. In Colorado Revised Statutes, amend 26-6-918 as
follows:
       26-6-918. Injunctive proceedings.
        The department, in the name of the people of the state of Colorado,
through the attorney general of the state, must apply for an injunction in any
court of competent jurisdiction to enjoin a person from operating a facility,
CLINIC, or agency without a license that is required to be licensed pursuant
to this part 9. If the person does not have a valid license pursuant to this part
9, the person's license has been revoked pursuant to section 26-6-914, or the
person does not meet the licensing exemption criteria set forth in section
26-6-904, yet provides child care and has a pattern of providing the child
care without a valid license as required by this part 9, and despite having
received notification from the department that the person, facility, CLINIC,
or agency is in violation of the law, then the person, facility, CLINIC, or
agency is providing unlicensed and illegal child care. At the time the
department applies for an injunction, the department shall notify law
enforcement of the injunction proceedings. If it is established that the
defendant has been or is operating the facility, CLINIC, or agency without a
valid license, the court shall enter a decree enjoining the defendant from
further operating the facility, CLINIC, OR AGENCY unless and until the person
PAGE 42-HOUSE BILL 26-1425
obtains a license as required by this part 9. In case of a violation of an
injunction issued pursuant to this section, the court may summarily try and
punish the offender for contempt of court. Injunctive proceedings pursuant
to this section are in addition to and not in lieu of the penalty provided in
section 26-6-919.
      SECTION 20. In Colorado Revised Statutes, amend 26-6-920 as
follows:
      26-6-920. Periodic review of licensing and certification rules and
procedures.
        At least every five years, the department shall conduct a
comprehensive review of the licensing and certification rules for foster care
homes, kinship foster care homes, and child placement agencies, AND
APPLIED BEHAVIOR ANALYSIS CLINICS and the procedures relating to and
governing foster care homes, kinship foster care homes, and CHILD
PLACEMENT agencies, AND APPLIED BEHAVIOR ANALYSIS CLINICS, including
procedures for the review of backgrounds of employees and owners. In
conducting the periodic review, the department shall consult with foster
care providers, kinship foster care providers, child placement agencies,
county departments, the department of public health and environment,
LICENSED BEHAVIOR ANALYSTS, and other interested parties throughout the
state. The periodic review must include an examination of the rules
applicable to foster care homes, kinship foster care homes, and child
placement agencies, AND APPLIED BEHAVIOR ANALYSIS CLINICS; the process
of licensing foster care homes, and child placement agencies, AND APPLIED
BEHAVIOR ANALYSIS CLINICS; the certification process for foster care homes
and kinship foster care homes; THE uniformity of standards or lack thereof
in the licensing process; statewide standardization of investigations and
enforcement of licensing by the department; duplication and conflicts in
rules, requirements, or procedures between the department and the
department of public health and environment; and recommendations for
streamlining and unifying the licensing process. The review must also
include an examination of rules and procedures regarding the general
physical and mental health of foster care providers, kinship foster care
providers, LICENSED BEHAVIOR ANALYSTS, employees, and owners. At the
conclusion of each review, the department shall report its findings and
conclusions and its recommendations for administrative changes and for
legislation to the state board.
PAGE 43-HOUSE BILL 26-1425
        SECTION 21. In Colorado Revised Statutes, 42-4-236, amend
(1)(a) as follows:
     42-4-236. Child restraint systems required - definitions -
exemptions - penalty.
       (1) As used in this section, unless the context otherwise requires:
      (a) "Child care center" means a facility required to be licensed under
the "Foster Care, Kinship Foster Care, Residential, Day Treatment, and
Child Placement Agency AND APPLIED BEHAVIOR ANALYSIS CLINIC
Licensing and Certification Act", part 9 of article 6 of title 26, or the "Child
Care Licensing Act", part 3 of article 5 of title 26.5.
        SECTION 22. Appropriation. (1) For the 2026-27 state fiscal
year, $50,000 is appropriated to the department of health care policy and
financing. This appropriation is from the general fund. To implement this
act, the department may use this appropriation for medicaid management
information system maintenance and projects.
        (2) For the 2026-27 state fiscal year, the general assembly
anticipates that the department of health care policy and financing will
receive $50,000 in federal funds for medicaid management information
system maintenance and projects to implement this act. The appropriation
in subsection (1) of this section is based on the assumption that the
department will receive this amount of federal funds, which is subject to the
"(I)" notation as defined in the annual general appropriation act for the same
fiscal year.
        (3) For the 2026-27 state fiscal year, $1,294,460 is appropriated to
the department of human services for use by the division of child welfare.
This appropriation is from the general fund and is based on an assumption
that the division will require an additional 15.0 FTE. To implement this act,
the division may use this appropriation for administration.
       (4) For the 2026-27 state fiscal year, the general assembly
anticipates that the department of human services will receive $176,517 in
federal funds for administration related to the division of child welfare to
implement this act. The appropriation in subsection (3) of this section is
based on the assumption that the division will receive this amount of federal
PAGE 44-HOUSE BILL 26-1425
funds, which is subject to the "(I)" notation as defined in the annual general
appropriation act for the same fiscal year.
       (5) For the 2026-27 state fiscal year, $261,833 is appropriated to the
department of regulatory agencies. This appropriation is from the division
of professions and occupations cash fund created in section 12-20-105 (3),
C.R.S. To implement this act, the department may use this appropriation as
follows:
       (a) $176,038 for use by the division of professions and occupations
for personal services, which amount is based on an assumption that the
division will require an additional 2.0 FTE;
       (b) $16,560 for use by the division of professions and occupations
for operating expenses; and
       (c) $69,235 for the purchase of legal services.
       (6) For the 2026-27 state fiscal year, $69,235 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of regulatory agencies under subsection (5)(c) of this
section and is based on an assumption that the department of law will
require an additional 0.3 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
regulatory agencies.
        SECTION 23. Effective date. This act takes effect upon passage;
except that sections 12-247-106, 12-247-110, 12-247-112, and 12-247-118,
Colorado Revised Statutes, as enacted in section 2 of this act, take effect
July 1, 2028.
       SECTION 24. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 45-HOUSE BILL 26-1425
the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________        ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
PAGE 46-HOUSE BILL 26-1425